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SCHOOL   LAWS 

OF  LOUISIANA 


SANITARY  REGULATIONS  OF  THE  STATE 
BOA  ::••.     0}        '   "  U> 

TAN  I  DECISIONS  OF  THE  SUPREME  COURT 
OF   LOUISIANA   RELATIVE   TO    SCHOOLS. 


TEN'- 


TI.    IIAKi  I  E 


TON     '  - 


GIFT   OF 


PUBLIC    SCHOOL   LAWS 

OF  LOUISIANA 


SANITARY  REGULATIONS  OF  THE  STATE 
BOARD  OF  HEALTH  AND  THE  IMPOR- 
TANT DECISIONS  OF  THE  SUPREME  COURT 


OF   LOUISIANA   RELATIVE  TO    SCHOOLS. 


TENTH   COMPILATION 


T.   H.   HARRIS,  STATE  SUPERINTENDENT 
1916 


BATON   ROUGE, 

Ramires- Jones  Printing  Company 

1916 


STATE   BOARD  OF  EDUCATION 

ROBERT  MARTIN St.  Martinville,  La. 

(Term,  one  year,  expires  August  30,  1917.) 

JNO.  T.  LASLEY Alexandria,  La. 

(Term,  two  years,  expires  August  30,  1918.) 

DR.  JNO.  A.  HAAS Opelousas,  La. 

(Term,  three  years,  expires  August  30,  1919.) 

CAPT.  E.  L.  KIDD Ruston,  La. 

(Term;  four  years,  expires  August  30,  1920.) 

JNO.  LEGIER,  Jr New  Orleans,  La. 

(Term,  five  years,  expires  August  30,  1921.) 

THOMAS  H.  HARRIS,  Ex  Officio.  .State  Superintendent  Education 
(Term,  four  years.) 


ARTICLES  OF  THE  CONSTITUTION  HAVING 
REFERENCE  TO  PUBLIC  EDUCATION. 


(Art.  53.       Limitation   of   Legislative    Powers.) 

No  money  shall  ever  be  taken  from  the  public  treasury,  di- 
rectly or  indirectly,  in  aid  of  any  church,  sect  or  denomination 
of  religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such;  and  no  preference  shall  ever  be  given  to,  nor 
any  discrimination  made  against,  any  church,  sect  or  creed  of 
religion,  or  any  form  of  religious  faith  or  worship;  nor  shall 
any  appropriation  be  made  for  private,  charitable  or  benevolent 
purposes  to  any  person  or  community;  provided,  this  shall  not 
apply  to  the  State  Asylum  for  the  Insane  and  State  Institution 
for  the  Deaf  and  Dumb  and  iState  Institution  for  the  Instruction 
of  the  blind,  and  the  charity  hospitals  and  public  charitable 
institutions  conducted  under  State  authority. 

(Art.  230.      Educational    Institutions    Exempt  from   Taxation.) 

The  following  shall  be  exempt  from  taxation,  and  no  other, 
viz :  All  public  property,  places  of  religious  worship,  or  burial, 
all  charitable  institutions,  all  buildings  and  property  used  ex- 
clusively for  public  monuments  or  historical  collections,  colleges 
and  other  school  purposes,  the  real  and  personal  estate  of  any 
library,  and  that  of  any  other  library  association  used  by  or 
connected  with  such  library,  all  books  and  philosophical  appa- 
ratus, and  all  paintings  and  statuary  of  any  company  or  asso- 
ciation kept  in  a  public  hall ;  provided,  the  property  so  exempted 
be  not  leased  for  purposes  of  private  or  corporate  profit  and 
income.  ****** 

(Ant.  231.     Poll   Tax  of  One   Dollar.) 

The  General  Assembly  shall  levy  an  annual  poll  tax  of  one 
dollar  upon  every  male  inhabitant  in  the  State  between  the  ages 
of  twenty-one  and  sixty  years,  for  the  maintenance  of  the  public 
schools  in  the  parishes  where  collected. 

(Art.  232.     School   Tax   on   a   Vote  of   Property  Taxpayers.) 

The  State  tax  on  property  for  all  purposes  whatever,  includ- 


381274 


ing  expenses  of  government,  schools,  levees  and  interest,  shall 
not  exceed  in  any  one  year,  six  mills  on  the  dollar  of  its  assessed 
valuation,  and,  except  as  otherwise  provided  in  this  Constitution, 
110  parish,  municipal  or  public  board  tax  for  all  purposes  what- 
soever/  shall  exceed  in  any  one  year  ten  mills  on  the  dollar  of 
valuation;  provided,  that  for  giving  additional  support  to  public 
,  schools,  and  for  the  purpose  of  erecting  and  constructing  public 
buildings,  public  schoolhouses,  bridges,  wharves,  levees,  sewerage 
work  and  other  works  of  permanent  public  improvement,  the 
title  to  which  shall  be  in  the  public,  any  parish,  municipal  cor- 
poration, ward  or  school  district  may  levy  a  special  tax  in  excess 
of  said  limitation,  whenever  the  rate  of  such  increase  and  the 
number  of  years  it  is  to  be  levied  and  the  purposes  for  which  the 
tax  is  intended,  shall  have  been  submitted  to  a  vote  of  the  prop- 
erty taxpayers  of  each  parish,  ward  or  school  district  entitled 
to  vote  under  the  election  laws  of  the  State,  and  a  majority  of 
the  same  in  numbers  and  in  value  voting  at  such  election  shall 
have  voted  therefor. 

(Art.  248.      Free   Schools;     for   Whom;     Apportionment   of    Funds.) 

There  shall  be  free  public  schools  for  the  white  and  colored 
races,  separately  established  by  the  General  Assembly,  through- 
out the  State,  for  the  education  of  all  the  children  of  the  State 
between  the  ages  of  six  and  eighteen  years ;  provided,  that  where 
kindergarten  schools  exist,  children  between  the  ages  of  four  and 
six  may  be  admitted  into  said  schools.  All  funds  raised  by  the 
State  for  the  support  of  public  schools,  except  the  poll  tax,  shall 
be  distributed  to  each  parish  in  proportion  to  the  number  of 
children  therein  between  the  ages  of  six  and  eighteen  years.  The 
General  Assembly,  at  its  next  session,  shall  provide  for  the  enu- 
meration of  educable  children. 

(Art.  249,  as  amended   by  Act  28  of   1908.     State   Superintendent.) 

There  shall  be  elected  by  the  qualified  electors  of  the  State  a 
Superintendent  of  Public  Education,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  qualified.  His 
duties  shall  be  prescribed  by  law,  and  he  shall  receive  an  annual 
salary  of  five  thousand  dollars. 


(Art.  250.      State    Board    of    Education;     Parish    Boards   and    Officers.) 

The  General  Assembly  shall  provide  for  the  creation  of  a 
State  Board  and  Parish  Boards  of  Public  Education.  The  Parish 
Boards  shall  elect  a  Parish  Superintendent  of  Public  Education 
for  their  respective  parishes,  whose  qualifications  shall  be  fixed 
by  the  Legislature,  and  who  shall  be  ex-officio  secretary  of  the 
Parish  Board.  The  salary  of  the  Parish  Superintendent  shall 
be  provided  for  by  ther  General  Assembly,  to  be  paid  out  of  the 
public  school  funds  accruing  to  the  respective  parishes. 

(Art.  251.     French    May   Be  Taught.) 

The  general  exercises  in  the  public  schools  shall  be  conducted 
in  the  English  language ;  provided,  that  the  French  language  may 
be  taught  in  those  parishes  or  localities  where  the  French  lan- 
guage predominates,  if  no  additional  expense  is  incurred  thereby. 

(Art.  252.     Application   of  Ahe   Poll  Tax.) 

The  funds  derived  from  the  collection  of  the  poll  tax  shall 
be  applied  exclusively  to  the  maintenance  of  the  public  schools 
as  organized  under  this  Constitution,  and  shall  be  applied  ex- 
clusively to  the  support  of  the  public  schools  in  the  parish  in 
which  the  same  shall  be  collected,  and  shall  be  accounted  for 
and  paid  by  the  collecting  officer  directly  to  the  treasurer  of  the 
local  school  board. 

(Art.  253.     Private  and  Sectarian  Schools  Cannot   Receive  Public  School 
Funds.) 

No  funds  raised  for  the  support  of  the  public  schools  of  the 
State  shall  be  appropriated  to  or  used  for  the  support  of  any 
private  or  sectarian  schools. 

(Art.   254.     School    Funds— Of   What   They   Shall    Consist.) 

The  school  funds  of  the  State  shall  consist  of :  1st.  Not  less 
than  one  and  one  quarter  mills  of  the  six  mills  tax  levied  and 
collected  by  the  State.  2d.  The  proceeds  of  taxation  for  school 
purposes  as  provided  by  this  Constitution.  3d.  The  interest  on 
the  proceeds  of  all  public  lands  heretofore  granted  or  to  be 
granted  by  the  United  States  for  the  support  of  the  public 
schools,  and  the  revenues  derived  from  such  lands  as  may  remain 
unsold.  4th.  All  funds  and  property,  other  than  unimproved 
lands,  bequeathed  or  granted  to  the  State,  not  designated  for 


any  other  purpose.  5th.  The  proceeds  of  vacant  estates  falling 
under  the  law  to  the  -State  of  Louisiana.  6th.  The  legislature 
may  appropriate  to  the  same  fund  the  proceeds  of  public  lands 
not  designated  or  set  apart  for  any  other  purpose,  and  shall 
provide  that  every  parish  may  levy  a  tax  for  the  public  schools 
therein,  which  shall  not  exceed  the  entire  State  tax;  provided, 
that  with  such  a  tax  the  whole  amount  of  parishes  taxes  shall  not 
exceed  the  limits  of  parish  taxation  fixed  by  this  Constitution. 
The  City  of  New  Orleans  shall  make  such  appropriations  for  the 
support,  maintenance  and  repair  of  the  public  schools  of  said 
city  as  it  may  deem  proper,  but  not  less  than  eight-tenths  of  one 
mill  for  one  year ;  and  said  schools  shall  continue  to  receive  from 
the  Board  of  Liquidation  of  the  City  Debt,  the  amounts  to  which 
they  are  now  entitled  under  the  Constitutional  amendment  adopt- 
ed in  the  year  1892. 

(Art.  255.     School   Funds— Of  What  They  Shall   Consist.) 

The  police  juries  of  the  several  parishes  and  boards  of  trus- 
tees and  municipal  councils  of  incorporated  cities  and  towns 
(the  Parish  of  Orleans  excepted)  shall  levy,  collect  and  turn  over 
to  the  parish  school  boards  of  their  respective  parishes,  cities  or 
towns,  the  proceeds  of  at  least  three  mills  of  the  annual  tax 
which  they  are  empowered  to  levy  on  each  dollar  of  the  assessed 
valuation  of  the  property  thereof.  Provided,  that  cities  and 
towns  that  are  not  exempted  by  the  terms  of  their  charters  from 
the  payment  of  parish  taxes  and  which  are  subjected  to  the  simi- 
lar burdens  of  taxation  as  are  the  parishes  shall  not  pay  this  tax, 
as  same  is  included  in  the  taxes  imposed  by  the  parish  in  which 
the  town  is  situated,  unless  the  parish  boards  of  school  directors 
of  that  parish  certify  that  the  needs  of  the  school  can  be  met  by  a 
smaller  levy  of  such  taxes. 

(Art.  256.     Louisiana   State    University  and   A.  &    M.   College.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  founded  upon  land  grant  of  the  United  States  to 
endow  a  seminary  of  learning  and  a  college  for  the  benefit  of 
agriculture  and  mechanic  arts,  now  established  and  located  in 
the  City  of  Baton  Rouge,  is  hereby  recognized;  and  all  revenues 
derived  and  to  be  derived  from  the  seminary  fund,  the  Agricul- 


tural  and  Mechanical  College  fund,  and  other  funds  or  lands 
donated  to  or  to  be  donated  by  the  United  States  to  the  State  of 
Louisiana  for  the  use  of  a  seminary  of  learning  or  of  a  college 
for  the  benefit  of  agriculture  or  the  mechanic  arts,  shall  be  ap- 
propriated exclusively  to  the  maintenance  and  support  of  the 
said  Louisiana  State  University  and  Agricultural  and  Mechanical 
College ;  and  the  General  Assembly  shall  make  such  additional 
.appropriations  as  may  be  necessary  for  its  maintenance,  support, 
and  improvement,  and  for  the  establishment,  in  connection  with 
said  institution,  of  such  additional  scientific  or  literary  depart- 
ments as  the  public  necessities  and  the  well-being  of  the  people 
of  Louisiana  may  require. 

The  Tulane  University  of  Louisiana,  located  in  New  Orleans, 
is  hereby  recognized  as  created,  and  to  be  developed  in  accord- 
ance with  the  provisions  of  the  legislative  act  No.  43,  approved 
July  5th,  1884,  and  by  approval  of  the  electors,  made  part  of 
the  Constitution  of  the  State. 

(Art.  257.) 

The  Louisiana  State  Normal  School,  established  and  located 
at  Natchitoches ;  the  Industrial  Institute  and  College  of  Louisi- 
ana, whose  name  is  hereby  changed  to  the  Louisiana  Industrial 
Institute,  established  and  located  at  Ruston;  and  the  Southern 
University,  now  established  in  the  City  of  New  Orleans,  for  the 
education  of  persons  of  color,  are  hereby  recognized;  and  the 
General  Assembly  is  directed  to  make  such  appropriations  from 
time  to  time  as  may  be  necessary  for  the  maintenance,  support 
and  improvement  of  these  institutions ;  provided,  that  the  appro- 
priation for  the  maintenance  and  support  of  the  Southern  Uni- 
versity shall  not  exceed  ten  thousand  dollars  per  annum. 

(Art.  258.     Interest    Due  the   Townships.) 

The  debt  due  by  the  State  to  the  free  school  fund  is  hereby 
declared  to  be  the  sum  of  one  million,  one  hundred  and  thirty 
thousand,  eight  hundred  and  sixty-seven  dollars  and  fifty-one 
cents  in  principal,  and  shall  be  kept  on  the  books  of  the  Auditor 
and  Treasurer  to  the  credit  of  the  several  townships  entitled  to 
the  same ;  the  said  principal  being  the  proceeds  of  the  sales  of 
lands  heretofore  granted  by  the  United  States  for  the  use  and 
support  of  free  public  schools  which  amount  shall  be  held  by 


8 

the  State  as  a  loan,  and  shall  be  and  remain  a  perpetual  fund,  on 
which  the  State  shall  pay  an  annual  interest  of  four  per  cent, 
and  said  interest  shall  be  paid  to  the  several  townships  of  the 
State  entitled  to  the  same,  in  accordance  with  the  Act  of  Con- 
gress, No.  68,  approved  February  15th,  1843. 

(Art.  259.      Debt    Due  Seminary    Fund.) 

The  debt  due  by  the  State  to  the  Seminary  fund  is  hereby 
declared  to  be  one  hundred  and  thirty-six  thousand  dollars,  being 
the  proceeds  of  the  sale  of  lands  heretofore  granted  by  the  United 
States  to  this  State  for  the  use  of  a  seminary  of  learning,  and 
said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the  books 
of  the  Auditor  and  Treasurer  of  the  State  as  a  perpetual  loan, 
and  the  State  shall  pay  an  annual  interest  of  four  per  cent  on 
said  amount. 

(Art.  260.     Debt  Due  A.  and   M.  College.) 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechan- 
ical College  fund  is  hereby  declared  to  be  the  sum  of  One  hun- 
dred and  eighty-two  thousand,  three  hundred  and  thirteen  dol- 
lars and  three  cents,  being  the  proceeds  of  the  sale  of  lands  and 
land  scrip  heretofore  granted  by  the  United  States  to  this  State 
for  the  use  of  a  college  for  the  benefit  of  agricultural  and  mechan- 
ical arts ;  the  said  amount  shall  be  kept  to  the  credit  of  said  fund 
on  the  books  of  the  Auditor  and  Treasurer  of  the  State  as  a 
perpetual  loan,  and  the  -State  shall  pay  an  annual  interest  of  five 
per  cent  on  said  amount. 

(Art.  261.  School  Books  for  Indigent  Pupils.) 

All  pupils  in  the  primary  grades  of  the  public  schools 
throughout  the  Parish  of  Orleans,  unable  to  provide  themselves 
with  the  requisite  books,  an  affidavit  to  that  effect  having  been 
made  by  one  of  the  parents  of  such  pupils,  or  if  such  parents  be 
dead,  then  by  the  tutor  or  other  person  in  charge  of  such  pupils, 
shall  be  furnished  with  the  necessary  books  free  of  expense,  to  be 
paid  out  of  the  school  fund  of  said  parish ;  and  the  School  Board 
of  the  Parish  of  Orleans  is  hereby  directed  to  appropriate,  annu- 
ally not  less  than  two  thousand  dollars  for  the  purpose  named, 
provided  such  amount  be  needed. 


9. 

(Art.  60.      Establishment  of  Additional    Educational  or  Charitable   Insti- 
tutions.) 

No  educational  or  charitable  institution,  other  than  the  State 
institutions  now  existing,  or  expressly  provided  for  in  this  Con- 
stitution, shall  be  established  by  the  State  except  upon  a  vote  of 
two-thirds  of  the  members  elected  to  each  House  of  the  General 
Assembly.  % 

(Ar,t.  210.     Eligibility  to  Office.) 

No  person  shall  be  eligible  to  any  office,  State,  judicial,  pa- 
rochial, municipal  or  ward,  who  is  not  a  citizen  of  this  State,  and 
a  duly  qualified  elector  of  the  State,  judicial  district,  parish, 
municipality,  or  ward,  wherein  the  functions  of  said  office  are 
to  be  performed.  And  whenever  any  officer,  State,  judicial, 
parochial,  municipal  or  ward,  may  change  his  residence  from 
this  State,  or  from  the  district,  the  same  shall  thereby  be  vacated, 
any  declaration  of  retention  of  domicile  to  the  contrary  not- 
withstanding. 

(Art.  232.      Limitation   of   State  Tax;     Of  Other  Taxing    Bodies;     When 
and    How   Special   Taxes    May   Be    Levied.) 

The  State  tax  on  property  for  all  purposes  whatever,  includ- 
ing expenses  of  government,  schools,  levees  and  interest,  shall  not 
exceed,  in  any  one  year,  six  mills  on  the  dollar  of  its  assessed  valu- 
ation, and  except  as  otherwise  provided  in  this  Constitution,  no 
parish,  municipal  or  public  board  tax  for  all  purposes  whatsoever, 
shall  exceed  in  any  one  year  ten  mills  on  the  dollar  of  valuation ; 
provided,  that  for  giving  additional  support  to  public  schools,  and 
for  the  purpose  of  erecting  and  constructing  public  buildings, 
public  schoolhouses,  bridges,  wharves,  levees,  sewerage  work  and 
other  works  of  permanent  public  improvement,  the  title  to  which 
shall  be  in  the  public,  any  parish,  municipal  corporation,  ward  or 
school  district  may  levy  a  special  tax  in  excess  of  said  limitation, 
whenever  the  rate  of  such  increase  and  the  number  of  years  it  is 
to  be  levied  and  the  purpose  or  purposes  for  which  the  tax  is  in- 
tended, shall  have  been  submitted  to  a  vote  of  the  property  tax- 
payers of  such  parish,  municipality,  ward  or  school  district  en- 
titled to  vote  under  the  election  laws  of  the  \State,  and  a  majority 
of  the  same  in  numbers,  and  in  value  voting  at  such  election  shall 
have  voted  therefor. 


10 

(Art.  235.     Inheritance  Tax  for  Public  Schools.) 

The  Legislature  shall  have  power  to  levy,  solely  for  the  sup- 
port of  the  public  schools,  a  tax  upon  all  inheritances,  legacies 
and  donations;  provided,  no  direct  inheritance,  or  donation,  to 
any  ascendant  or  descendant,  below  ten  thousand  dollars  in 
amount  or  value  shall  be  so  taxed;  provided,  further,  that  no 
such  tax  shall  exceed  three  per  cent  for  direct  inheritances  and 
donations  to  ascendants  or  descendants,  and  ten  per  cent  for 
collateral  inheritances,  and  donations  to  collaterals  or  strangers ; 
provided,  bequests  to  educational,  religious  or  charitable  institu- 
tions shall  be  exempt  from  this  tax. 

(Art.  236.) 

The  tax  provided  for  in  the  preceding  article  shall  not  be 
enforced  when  the  property  donated  or  inherited  shall  have  borne 
its  just  proportion  of  taxes  prior  to  the  time  of  such  donation 
or  inheritance. 

(Art.  281,  as  amended   by  Act   197  of   1910.     School    Bonds   and    Special 
Taxes.) 

Municipal  corporations,  parishes  or  school,  drainage,  sub- 
drainage,  road,  navigation,  or  sewerage  district,  the  City  of 
New  Orleans  excepted,  hereinafter  referred  to  as  subdivisions, 
when  authorized  to  do  so,  by  a  vote  of  a  majority  in  number 
and  amount  of  the  property  taxpayers,  qualified  to  vote  under 
the  Constitution  and  laws  of  this  State,  who  vote  at  an  election 
held  for  that  purpose,  after  due  notice  of  said  election  has  been 
published  for  thirty  (30)  days  in  the  official  journal  of  the  mu- 
nicipal corporation  or  parishes,  and  where  there  -is  no  official 
journal,  in  a  newspaper  published  therein,  may  "through  their 
respective  governing  authorities"  incur  debt  and  issue  negoti- 
able bonds  therefor,  and  each  year  while  any  bonds  issued  to  evi- 
dence said  indebtedness  are  outstanding,  the  governing  authori- 
ties of  such  subdivision  shall  levy  and  collect  annually,  in  excess 
of  all  other  taxes,  a  tax  sufficient  to  pay  the  interest,  annually 
or  semi-annually,  and  the  principal  falling  due  each  year,  or 
such  amount  as  may  be  required  for  any  sinking  fund  provided 
for  the  payment  of  said  bonds  at  maturity;  provided,  that  such 
special  taxes,  for  all  purposes,  shall  not  in  any  year  exceed  ten 


11 

(10)  mills  on  the  dollar  of  the  assessed  valuation  of  ihe  property 
in  such  subdivisions. 

No  bonds  shall  be  issued  for  any  other  purpose  than  that 
stated  in  the  submission  of  the  proposition  to  the  taxpayer,  and 
published  for  thirty  (30)  days  as  aforesaid,  or  for  a  greater 
amount  than  therein  mentioned;  nor  shall  such  bonds  be  issued 
for  any  other  purpose  than  for  constructing,  improving  and 
maintaining  public  roads  and  highways,  paving  and  improving 
streets,  roads  and  alleys,  purchasing  or  constructing  systems  of 
waterworks,  sewerage,  drainage,  navigation,  lights,  public  parks 
and  buildings,  together  with  all  necessary  equipments  and  fur- 
nishing, bridges  and  other  works  of  public  improvement,  the 
title  to  which  shall  rest  in  the  subdivision  creating  the  debt,  as 
the  case  may  be;  nor  shall  such  bonds  run  for  a  longer  period 
than  forty  years  (40)  from  their  date  or  bear  a  greater  rate  of 
interest  than  five  per  cent  (5)  per  annum,  or  be  sold  for  less 
than  par.  The  total  issue  of  bonds  by  any  subdivision  for  all 
purposes  shall  never  exceed  ten  per  centum  (10)  -of  the  assessed 
valuation  of  the  property  in  such  subdivisions. 

Municipal  councils  shall  have  authority  to  create  within  their 
respective  limits  one  or  more  sewerage  districts;  and  nothing 
herein  contained  shall  prevent  drainage  districts  from  being 
established  under  the  laws  of  this  State  shall,  in  addition  to  the 
powers  hereinabove  granted,  have  the  further  power  and  au- 
thority to  levy  and  assess  annual  contributions  or  acreage  taxes 
on  ail  lands  situated  in  such  districts,  for  the  purpose  of  pro- 
viding and  maintaining  drainage  systems,  not  exceeding  fifty 
(50)  cents  per  acre  for  a  period  not  exceeding  forty  (40)  years, 
when  authorized  to  do  so  by  a  majority  in  number  and  amount 
oi  the  property  taxpayers  of  said  district,  qualified  to  vote  under 
the  Constitution  and  laws  of  this  State,  who  vote  at  an  election 
held  for  that  purpose  and  in  the  manner  provided  in  the  first 
part  of  this  Article,  and  said  drainage  districts,  through  the 
Boards  of  Commissioners  thereof,  when  authorized  as  hereinabove 
provided,  may  incur  debt  and  issue  negotiable  bonds  therefor, 
payable  in  principal  and  interest  out  of  and  not  to  exceed  in 
principal  and  interest,  the  aggregate  amount  to  be  raised  by  said 
annual  contributions  or  acreage  taxes  during  the  period  for 


12 

which  the  same  are  levied.  No  such  drainage  bonds  shall  be 
issued  for  any  other  purpose  than  that  for  which  said  contribu- 
tions or  acreage  taxes  were  voted  or  run  for  a  longer  period  than 
forty  (40)  years  from  their  date  or  bear  a  greater  rate  of  interest 
them  five  (5)  per  cent  per  annum  or  be  sold  for  less  than  par. 

When  the  character  of  any  land  is  such  that  it  must  be  leveed 
and  pumped  in  order  to  be  drained  and  reclaimed,  the  Board  of 
Drainage  Commissioners  of  the  district  in  which  the  land  is  situ- 
ated, shall,  upon  petition  of  not  less  than  a  majority  in  acreage 
of  the  property  taxpayers,  resident  and  non-resident,  in  the  area 
to  be  affected,  ascertain  the  cost  of  drainage  and  reclaiming  said 
land  and  incur  debt  against  said  land  for  an  amount  sufficient  to 
drain  and  reclaim  it,  and  issue  for  said  debt  negotiable  bonds 
running  not  longer  than  forty  (40)  years  from  their  date  and 
bearing  interest  at  a  rate  not  exceeding  five  (5)  per  centum  per 
annum,  payable  annually  or  semi-annually,  which  bonds  shall  not 
be  sold  for  less  than  par ;  and  said  Board  of  Drainage  Commis- 
sioners shall  levy  annually  upon  said  land  forced  contributions  or 
acreage  taxes  in  an  amount  sufficient  to  maintain  the  drainage  of 
said  land  and  to  pay  the  interest,  annually  or  semi-annually,  and 
the  principal  falling  due  each  year,  or  such  amount  as  may  be 
required  for  any  sinking  fund  provided  for  the  payment  of  said 
bonds  at  maturity;  provided,  that  such  forced  contribution  or 
acreage  taxes,  for  .all  purposes  shall  never  exceed  Three  Dollars 
and  Fifty  Gents  ($3.50)  per  acre  per  annum. 

The  police  juries  of  the  various  parishes  throughout  the  State, 
for  the  purpose  of  constructing  highways  and  public  buildings  for 
the  parish,  and  the  governing  authorities  of  municipal  corpora- 
tions, for  the  purpose  of  paving  or  improving  streets  or  alleys,  or 
for  other  municipal  improvements,  after  making  provision  for  the 
payments  of  all  statutory  and  ordinary  charges,  may  fund  into 
bonds  running  for  a  period  not  exceeding  ten  (10)  years,  and 
bearing  interest  at  a  rate  not  exceeding  five  (5)  per  centum  per 
annum,  which  bonds  shall  not  be  sold  for  less  than  par,  the  avails 
of  the  residue  of  the  ten  (10)  mill  tax  authorized  by  Article  232 
of  the  Constitution  of  Louisiana. ' 9 

ACTS    OF    THE    LEGISLATURE. 

(Exemptions  from  Jury  Duty,  S.  2,  A,  89,  '94.) 

The  following  persons  shall  be  exempted  from  serving  as 


13 

jurors,  but  the  exemption  shall  be  personal  to  them,  and  when 
they  do  not  themselves  claim  the  exemption  it  shall  not  be  suf- 
ficient cause  for  challenging  any  person  exempt  under  the  pro- 
visions of  this  Act.  *  *  *  The  Governor,  Lieutenant  Gov- 
ernor, State  Auditor,  State  Treasurer,  Secretary  of  State,  Su- 
perintendent of  Public  Education,  their  clerks  and  employees, 
and  all  public  officers  commissioned  under  the  authority  of  the 
United  States.  professors  and  school  teachers  while 

employed  in  teaching     *     *     * 
(Bonds  and   Fines,  S.  64,  A.  214,  '02.) 

All  fines  imposed  by  the  several  district  courts  for  violation  of 
law,  and  the  amounts  collected  on  all  forfeited  bonds  in  criminal 
cases,  after  deducting  commissions,  shall  be  paid  over  by  the 
sheriff  of  the  parish  in  which  the  same  are  imposed  and  collected, 
to  the  treasurers  of  the  school  boards  in  said  parishes,  and  shall 
be  applied  to  the  support  of  the  public  schools  as  are  applied 
the  other  funds  levied  for  the  purpose,  the  Parish  of  Orleans 
excepted. 

(Duty  of   Parish   Superintendent  and    Parish    School    Board,   S.  4,   A.  45, 

'04.) 

It  shall  be  the  duty  of  the  parish  superintendent  and  of  the 
president  of  the  school  board  of  the  City  of  New  Orleans  to 
see  that  this  Act  be  carried  out,  and  that  the  full  amount  of 
the  inheritance  tax  be  duly  collected,  and  it  shall  be  the  duty 
of  the  District  Attorney  for  the  various  parishes  throughout  the 
State,  when  called  upon  by  the  parish  superintendent  or  the 
president  of  the  school  board  in  the  Parish  of  Orleans  to  take 
proceedings  to  enforce  the  provisions  of  this  Act. 
(Inheritance  Tax;  How  Paid  and  Distributed,  S.  3,  A,  45,  '04.) 

In  all  cases  where  the  inheritance  tax  appears  to  be  due,  it 
shall  be  the  duty  of  the  administrator,  executor,  or  other  officer 
in  charge  of  the  succession,  or  of  the  heir  to  pay  over  to  the  Tax 
Collector  of  the  parish  where  the  succession  is  opened  the  full 
amount  of  said  inheritance  tax  and  to  present  the  receipt  to  the 
judge  before  obtaining  a  discharge  or  of  being  put  in  possession 
of  the  estate ;  the  surety  on  the  bond  of  the  administrator,  exec- 
utor or  other  officer  in  charge  of  the  estate  shall  be  liable  in 
solido  with  the  officer  for  the  full  amount  of  the  inheritance  tax ; 
such  taxes  shall  be  distributed  to  the  several  parishes  in  accord- 
ance with  Article  248  of  the  Constitution. 

NOTK. — All  inheritance  taxes  should  be  remitted  to  the  State  Treasurer, 
who  will  credit  same  to  the  Current  School  Fund. 


14 
INHERITANCE  TAX  IN  FAVOR  OF  PUBLIC  SCHOOLS. 

ACT    No.    42    OF    1912. 

Section  1.  That  Section  1  of  the  Act  109,  of  1906,  approved 
July  7,  1906,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

That  there  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  de- 
scendants or  ascendants  or  surviving  wife  or  husband  of  the 
decedent,  a  tax  of  two  per  centum,  and  on  all  such  inheritances 
or  dispositions  to  or  in  favor  of  the  collateral  relatives  of  the 
deceased,  or  strangers,  a  tax  of  five  per  centum  on  the  amoun 
or  the  actual  cash  value  thereof  at  the  time  of  the  death  of  the 
decedent. 

Section  2.  That  Section  2  of  said  Act  109  of  1906,  approved 
July  7,  1906,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

The  said  tax  shall  not  be  imposed  in  the  following  cases : 

(a)  On  any  inheritance,  legacy,  or  other  donation  mortis 
causa  to  or  in  favor  of  any  ascendant  or  descendant  or  sur- 
viving wife  or  husband  of  the  decedent  below  ten  thousand  dol- 
lars in  amount  or  value. 

(b)  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institutions. 

(c)  When  the  property  inherited,  bequeathed  or  donated 
shall  have  borne  its  just  proportion  of  taxes  prior  to  the  time  of 
such  donation,  bequest  or  inheritance. 

(Manner   of  Taking    Possession    of    Succession.) 

Section  3.  It  shall  be  unlawful  for  any  heir,  legatee  or  other 
beneficiary  of  a  donation  mortis  causa  to  take  or  be  in  possession 
of  any  part  of  the  things  or  property  composing  the  inheritance, 
legacy  or  other  donation  mortis  causa,  or  to  dispose  of  the  same 
or  any  part  thereof,  until  he  shall  have  obtained  the  authority  of 
the  court  to  that  effect,  as  hereafter  provided ;  and  in  case  he  shall 
so  take  or  be  in  possession  or  shall  so  dispose  of  such  things  or 
property,  or  any  part  thereof,  he  shall  no  longer  have  the  right 
of  renouncing  such  inheritance  or  donation  mortis  causa,  and 


15 

shall  remain  personally  liable  for  the  tax  thereon ;  but  he  may, 
without  waiting  for  authority  to  do  such  acts  as  may  seem  neces- 
sary to  preserve  the  property  from  waste,  damage  or  loss. 

(DuAy  of  Executor.) 

Section  4.  The  executor  of  the  will  of  a  person  deceased,  or 
the  administrator  of  his  succession,  shall,  after  payment  of  his 
debts,  proceed  against  the  tax  collector  and  all  the,  heirs  and 
legatees  of  the  deceased  summarily,  by  rule  before  the  court 
which  has  jurisdiction  of  the  succession,  to  fix  the  amount  of  tax 
due  by  each  heir  or  legatee,  and  on  trial  thereof  the  court  shall 
render  judgment  for  the  same  against  each  heir  or  legatee,  with 
interest  and  costs,  as  hereinafter  provided. 

(Amount  of  Taxes  to   Be   Deducted  by  Executor.) 

Section  5.  The  executor  or  administrator  shall  thereupon 
pay  to  the  tax  collector  the  amount  of  tax,  with  interest  and 
costs,  so  fixed,  on  each  inheritance,  legacy  or  donation,  out  of 
the  funds  comprised  therein,  if  sufficient.  Should  there  not  be 
sufficient  funds,  the  court  shall,  on  the  application  of  the  heir 
or  legatee,  grant  an  order  for  the  sale  of  the  property  composing 
such  inheritance,  legacy  or  donation,  or  so  much  thereof  as  may 
be  necessary,  for  the  purpose  of  paying  such  judgment.  If  the 
same  be  not  paid  by  the  heir  or  legatee,  or  an  order  of  sale  be 
not  granted,  as  above  provided  within  thirty  days  after  the  date 
of  the  judgment,  the  court  shall,  on  the  application  of  the  ex- 
ecutor or  administrator,  grant  an  order  of  sale  for  the  said  pur- 
pose, as  above  provided,  and  the  executor  or  administrator  shall 
pay  the  said  judgment  out  of  the  proceeds  of  the  sale. 

iSuch  sale  shall  be  made  in  such  manner,  and  on  such  terms 
and  conditions  as  the  court  shall  prescribe,  and  the  expense 
thereof  shall  be  borne  by  the  heir  or  legatee. 

(Duty  of  Executor.) 

Section  6.  No  executor  or  administrator  shall  deliver  any 
inheritance  or  legacy  until  the  tax  thereon  shall  be  fixed  and 
paid,  as  herein  provided ;  otherwise  he,  together  with  his  surety, 
shall  be  personally  liable  for  said  tax,  with  interest  and  cost. 
And  no  executor  or  administrator  shall  be  discharged  until  it  is 
shown  that  all  taxes  under  this  Act,  due  by  the  heirs  and  lega- 


16 

tees,  have  been  paid,  or  until  it  is  judicially  determined  by  the 
process  herein  provided  that  no  tax  is  due. 

(Duty  of   Legal   Heir.) 

Section  7.  In  all  cases  in  which  an  administration  is  not  or- 
dered by  the  court,  the  legal  or  instituted  heir,  or  universal 
or  residuary  legatee,  shall  within  six  months  after  the  death 
of  the  decedent,  or,  should  there  be  a  will,  within  the  same  time 
after  the  discovery  of  the  same,  present  to  the  court  a  detailed 
descriptive  list,  sworn  to  and  subscribed  by  him,  of  all  items 
of  property  contained  in  and  composing  the  estate  of  the  de- 
cedent, and  therein  shall  state  the  actual  cash  value  of  each  such 
item  at  the  time  of  the  death  of  the  decedent,  and  service  thereof 
shall  be  made  on  the  tax  collector  who  'shall  have  the  right  to 
traverse  the  same.  Should  the  deceased  have  made  special  or 
particular  legacies  or  donations  mortis  causa,  the  legatee  shall 
also  be  served,  and  after  summarily  hearing  the  parties  the  court 
shall  fix  the  amount  of  tax  due  as  aforesaid  by  each  such  heir  or 
legatee,  and  shall  render  judgment  therefor,  with  interest  and 
costs,  against  each  of  them. 

(Amount  of  Tax  to    Be   Deducted.) 

Section  8.  In  the  same  manner  as  provided  in  Section  5, 
the  heir  or  universal  or  residuary  legatee  shall  thereupon  pay  or 
take  measures  for  the  payment  of  the  tax  due  on  all  special  or 
particular  legacies  or  donations. 

(Property   May    Be   Sold   to   Pay   Taxes.) 

Section  9.  The  heir  or  universal  residuary  legatee  may 
likewise  obtain  an  order  for  the  sale  of  the  property  of  his 
inheritance  or  legacy,  or  part  thereof,  for  the  purpose  of  paying 
the  tax  thereon.  But  if  such  tax  be  not  paid,  or  such  order  of 
sale  be  not  made  within  thirty  days  after  the  date  of  the  judg- 
ment fixing  the  amount  of  the  tax,  a  similar  order  for  the  same 
purpose  shall  be  granted  on  the  application  of  the  tax  collector, 
and  thereunder  any  property  forming  part  of  the  inheritance 
or  legacy  may  be  sold,  and  the  proceeds  thereof  shall  be  applied 
to  the  payment  of  the  tax  with  interest  and  costs. 

(Duty  of  Heir  to  See  that  Tax   Is  Paid.) 

Section  10.     The  heir  or  residuary  or  universal  legatee  shall 


17 

not  deliver  any  legacy  until  the  tax  thereon  shall  have  been 
fixed  and  paid;  otherwise  he  shall  be  personally  liable  for  the 
said  tax,  with  interest  and  costs. 

(Search   for    Will;     When    Made.) 

Section  11.  If  during  the  six  months  next  following  the 
death  of  any  person  leaving  property,  movable  or  immovable, 
within  this  State,  an  administration  of  his  succession  be  not 
applied  for,  or  his  legal  or  instituted  heir  or  universal  or  residu- 
ary legatee  do  not  apply  to  the  court  to  be  placed  in  possession 
thereof,  as  herein  provided,  the  court  shall  ex  parte  and  on  the 
application  of  the  tax  collector  grant  an  order  directing  that  a 
search  be  made  for  the  will  of  the  deceased  by  a  notary  public, 
and  in  aid  of  the  same  may  order  that  all  persons  having  in  their 
possession  or  control  any  books,  papers  or  documents  of  the 
deceased  or  any  bank-box,  safe  deposit  vault  or  other  receptacle 
likely  or  designed  to  contain  the  same,  shall  open  such  receptacle 
and  exhibit  the  contents  thereof,  as  well  as  all  other  books,  papers 
and  documents  of  the  deceased,  to  the  said  notary. 

(Court    May    Appoint    Executor.) 

Section  12.  Should  the  said  notary  find  any  document  ap- 
pearing to  be  the  will  of  the  deceased,  he  shall  take  possession 
of  the  same  and  produce  it  in  court;  and  on  application  of  the 
tax  collector,  or  of  any  party  in  interest,  the  court  shall  proceed 
to  the  probate  thereof,  as  now  provided  by  law.  If  an  executor 
be  therein  appointed,  the  person  named  shall  ^e  notified,  and  if 
he  do  not  within  ten  days  after  notification  accept  the  appoint- 
ment, and  if  within  the  ten  .days  next  following  this  delay  no 
person  entitled  to  be  appointed  dative  testamentary  executor 
shall  apply  for  the  appointment,  then  the  Public  Administrator 
in  the  Parish  of  Orleans,  and  in  the  other  parishes  the  tax  col* 
lector,  shall  be  appointed  dative  testamentary  executor  of  the  said 
decedent,  and  the  administration  of  his  succession  shall  proceed 
as  herein  directed  and  according  to  existing  law. 

(Procedure    Where    No   Will    Is    Found.) 

Section  13.  If  the  notary  can  find  no  will,  he  shall  report 
the  fact  to  the  court ;  and  thereupon  the  tax  collector  shall  pro- 
ceed against  the  legal  heir  or  heirs  of  the  deceased  summarily 


18 

by  rule  to  fix  the  amount  of  tax  due  by  him  or  them,  and  each 
of  the  heirs  shall  be  ordered,  within  a  delay  to  be  fixed  by  the 
court,  which  may  be  extended  from  time  to  time,  in  the  discre- 
tion of  the  court,  to  make  and  file  a  detailed  descriptive  list, 
sworn  to  and  subscribed  by  him,  of  all  the  items  of  property 
contained  in  and  composing  the  estate  of  the  decedent,  stating 
therein  the  actual  cash  value  of  each  such  item  at  the  time  of  the 
death  of  the  decedent,  and  the  tax  collector  shall  have  a  right 
to  traverse  the  same.  On  trial  of  the  rule  the  court  shall  fix  the 
amount  of  tax  due  by  each  of  the  heirs,  and  shall  render  judg- 
ment for  the  same  against  each  of  them,  and  in  such  case,  as 
well  as  in  the  cases  mentioned  in  Section  12,  shall  include  in 
the  costs  payable  by  the  heir  or  legatee  a  fee  of  not  more  than 
ten  per  cent  on  the  amount  of  tax  due  by  each  heir  or  legatee 
in  favor  of  the  attorney  for  the  tax  collector.  In  the  same 
manner  and  under  the  same  conditions  as  provided  in  'Sections 
5  and  9  of  this  Act,  such  heirs  or  legatees  shall  have  the  right  to 
procure  the  sale  of  their  inheritances  or  legacies  for  the  pur- 
pose of  paying  the  tax  due  thereon,  with  interest,  costs  and  at- 
torneys' fees;  and  if  payment  thereof  be  not  made  by  the  heir 
or  legatee,  or  if  an  order  of  sale,  as  above  provided,  be  not 
granted,  within  thirty  days  after  the  date  of  the  judgment, 
the  tax  collector  shall  be  entitled  to  a  similar  order,  and  there- 
under any  property  forming  part  of  the  inheritance  or  legacy 
may  be  sold. 

(Any    Heir   May    Institute    Proceedings  and    Receive    Fee.) 

Section  14.  Should  there  be  more  than  one  legal  or  instituted 
heir  or  universal  or  residuary  legatee  any  one  of  them  may 
institute  the  proceeding's  provided  by  this  Act,  and  the  others 
shall  be  made  parties  thereto  and  such  heir  shall  be  entitled 
to  recover  out  of  the  mass  of  the  succession  one  reasonable  at- 
torney's  fee,  besides  his  costs. 

(Rights   of  Creditors   Preserved.) 

Section  15.  Nothing  contained  in  this  Act  shall  affect  the 
rights  of  creditors  of  persons  deceased  or  the  rights  of  the  cred- 
itors of  the  heirs  or  legatees  of  such  persons,  as  established  by 
the  general  law. 


19 

(Legacy   Indivisible.) 

Section  16.  Each  inheritance  or  legacy  is  indivisible,  and 
must  be  accepted  or  renounced  for  the  whole;  and  the  heir  or 
legatee  shall  not  be  entitled  to  be  placed  in  possession  of  the 
same,  and  shall  be  without  right  or  capacity  to  alienate  any 
part  thereof,  until  the  tax  on  the  whole  shall  have  been  fixed 
and  paid,  or  until  it  shall  have  been  judicially  determined,  in 
the  manner  herein  provided,  that  no  part  of  the  same  is  subject 
to  the  tax  imposed  by  this  Act. 

(Prohibiting    Delivery  of   Effects   Before  Tax    Is   Paid.) 

Section  17.  (As  amended  and  re-enacted  by  Act  No.  301 
of  1914.)  No  bank,  banker,  trust  company,  warehouseman  or 
other  depository,  and  no  person  or  corporation  or  partnership 
having  on  deposit  or  in  possession  or  control  any  moneys,  credits, 
goods  or  other  things  or  rights  of  value  for  a  person  deceased, 
or  in  which  he  had  an  interest,  and  no  corporation  the  stock  or 
registered  bonds  of  which  are  owned  by  a  person  deceased  shall 
deliver  or  transfer  such  moneys,  credits,  stock,  bonds  or  other 
things  or  rights  of  value  to  any  heir  or  legatee  of  such  deceased 
person,  unless  the  tax  due  thereon  under  this  Act  shall  have 
been  paid,  or  unless  it  be  judicially  determined  in  the  manner 
herein  prescribed  that  no  tax  is  due  by  such  heir  or  legatee.  Oth- 
erwise the  person  or  corporation  so  making  delivery  or  transfer 
shall  be  liable  for  the  said  tax.  But  the  order  of  a  court  of  com- 
petent jurisdiction,  directing  such  delivery  or  transfer,  shall  be 
full  authority  for  the  same.  Provided,  however,  that  every  ex- 
ecutor must  cause  a  true  and  faithful  inventory  to  be  taken 
by  a  notary  public,  in  the  manner  prescribed  by  law,  and  no 
moneys,  securities,  property  and  effects  of  the  deceased  held 
on  deposit  as  above  mentioned  shall  be  delivered  to  him  until 
said  inventory  or  sworn  statement  giving  detailed  statement  of 
the  property  and  its  value  shall  be  made  and  filed  in  court  in 
the  proceedings  in  which  he  is  acting  as  executor. 

(Burden  of  Proof.) 

Section  18.  The  burden  of  proving  facts  establishing  ex- 
emption from  the  tax  imposed  by  this  Act  is  upon  the  person 
claiming  exemption. 


20 

(Jurisdiction.) 

Section  19.  The  District  Court  of  the  last  domicile  of  the 
deceased,  and  in  the  Parish  of  Orleans  the  Civil  District  Court, 
shall  have  original  jurisdiction  to  hear  and  determine  all  the 
proceedings  provided  by  this  Act.  In  the  case  of  a  non-resident 
decedent,  the  District  Court,  or  Civil  District  Court,  of  any 
parish  in  which  he  left  property,  movable  or  immovable,  shall 
exercise  such  jurisdiction,  and  the  court  in  which  such  proceed- 
ings shall  be  first  begun  shall  have  exclusive  original  jurisdiction 
thereof. 

(Unknown   Heirs.) 

Section  20.  Non-residents  and  unknown  heirs  and  legatees, 
and  those  whose  whereabouts  are  unknown,  shall  be  represented 
by  curator  ad  hoc  appointed  by  the  court,  and  all  notices,  cita- 
tions and  demands  prescribed  by  this  Act  shall  be  served  on  such 
officers.  Though  there  be  in  any  case  more  than  one  unknown 
or  absent  heir  or  legatee,  all  may  be  represented  by  the  same 
curator. 

(Commissions  of  Tax  Collectors.) 

Section  21.  The  tax  collector  spoken  of  and  intended  by  this 
Act  is  the  Sheriif  and  ex-omcio  Tax  Collector  of  the  parish  in 
which  was  the  last  residence  of  the  decedent,  or  in  which  is  sit- 
uated property  of  a  non-resident  decedent,  and  in  the  Parish  of 
Orleans  the  Clerk  of  the  Civil  District  Court.  They  shall  re- 
ceive a  commission  of  two  per  cent  on  their  collections  of  taxes 
under  this  Act. 

(Compensation   of  Attorneys.) 

Section  22.  In  and  for  the  Parish  of  Orleans  tht  Governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  four  years,  an  attorney  at  law,  whose  duty  it  shall 
be  to  advise,  assist  and  represent  the  Clerk  of  the  Civil  District 
Court  in  the  enforcement  of  this  Act.  For  his  services,  except 
as  provided  in  Sections  12  and  13,  he  shall  receive  a  fee  of  four 
per  cent  on  all  taxes  collected  hereunder,  payable  out  of  the  same 
before  transmission  to  the  Treasury.  In  all  other  parishes  of 
the  State  the  said  duties  shall  be  performed  by  the  attorneys 
appointed  under  existing  law  to  assist  the  tax  collectors  in  the 


21 

collection  of  delinquent  licenses,  and  the  compensation  of  such 
attorney  shall  be  as  above  provided. 

(Method  of  Fixing  Value  of  Annuity.) 

Section  23.  In  fixing  the  value  of  any  legacy  or  donation 
mortis  causa  which  consists  in  whole  or  in  part  of  an  annuity 
or  usufruct  or  right  of  use  or  habitation,  the  court  shall  consider 
the  expectancy  of  life  of  the  legatee  or  donee  according  to  the 
table  known  as  the  American  Experience  Table  of  Mortality,  at 
six  per  cent  per  annum  compound  interest. 

(Delinquent  Penalty.) 

Section  24.  Taxes  hereby  levied  shall  bear  interest  at  the 
rate  of  two  per  cent  per  month,  beginning  six  months  after  the 
death  of  the  decedent;  saving  to  any  heir,  legatee,  or  donee  the 
right  to  stop  the  running  of  interest  against  him  by  paying  the 
amount  of  his  tax  with  accrued  interest,  or  by  tendering  the  same 
to  the  tax  collector  in  the  manner  prescribed  by  the  general  law ; 
provided,  however,  that  in  cases  in  which  the  settlement  of  the  * 
succession  is  not  unduly  delayed,  or  in  which  the  right  of  any 
party  to  receive  an  inheritance  or  legacy  is  contested,  and  in  all 
cases  in  which  the  failure  to  pay  tax  on  any  legacy  or  inherit- 
ance within  the  period  aforesaid  is  not  imputable  to  the  laches 
of  the  heir  or  legatee,  the  court  may,  in  its  discretion,  remit  such 
interest. 

(Costs  to  Be  Borne  by  the  Succession.) 

Section  25.  The  costs  of  all  the  proceedings  under  this  Act 
shall  be  borne  by  the  mass  of  the  succession;  provided,  that  in 
cases  in  which  it  seems  to  him  equitable  to  do  so  the  judge  shall 
have  the  power  to  apportion  the  costs  among  the  several  parties, 
or  allow  any  party  to  retain  his  costs  out  of  any  sum  found  to 
be  due  by  him  for  tax  hereunder.  Provided,  the  provisions  of 
this  Act  shall  affect  all  successions  not  finally  closed,  or  in  which 
the  final  account  has  not  been  filed. 

(Accepting   and    Regulating   Donations,  Act  158,  '04.) 

Section  1.  The  Board  of  Education  for  the  State  of  Louisi- 
ana; the  Board  of  Directors  of  the  public  schools  of  each  and 
every  parish  in  the  State,  the  Parish  of  Orleans  included,  shall 
have  the  power  to  accept  and  administer  donations  mortis  causa 


22 

or  inter  vivos  for  anty  educational  or  literary  purpose  whatso- 
ever, and  it  shall  be  lawful  for  any  one  to  make  such  a  donation 
of  any  description  of  property,  and  to  any  amount  to  any  one  or 
more  of  such  boards. 

Sec.  2.  The  donor  shall  have  the  right  to  prescribe  the  man- 
ner in  which  the  property  shall  be  administered,  and  the  objects 
to  which  it  or  any  part  thereof,  or  the  revenues  thereof,  shall 
be  applied;  provided,  however,  that  property  donated,  cannot 
be  made  inalienable,  but  the  donor  thereof  shall  have  the  right  to 
prescribe  in  what  manner,  and  under  what  circumstances,  the 
donees  shall  be  empowered  to  sell  the  same,  or  any  portion  there- 
of, or  to  change  any  investments  once  made. 

Sec.  3.  Said  Board  or  Boards-  shall  administer  the  property 
entrusted  to  them  in  conformity  with  the  directions  contained 
in  the  act  of  donation,  and  shall  have  all  the  powers  needed  in 
such  administration,  but  can  not  mortgage  nor  encumber  the 
donated  property,  except  as  may  be  prescribed  in  the  act  of  do- 
nation. The  said  Board  or  Boards  shall  be  entitled  to  no  re- 
muneration for  their  services,  unless  expressly  granted  in  the 
act  of  donation. 

Sec.  4.  The  provisions  of  the  laws  of  this  State,  relative 
to  substitutions  fidei  commissa  and  trusts  shall  not  be  deemed  to 
apply  or  affect  donations  made  for  the  purposes  and  in  the 
manner  provided  in  this  Act,  and  all  laws  or  parts  of  laws  con- 
flicting with  the  provisions  of  this  Act  be,  and  the  same  are 
hereby  repealed  insofar  as  regards  the  purposes  of  this  Act,  but 
not  otherwise. 

(Assessor's  Fee  for  Assessing  School  Taxes,  S.  1,  A.  213,  '08.) 

The  tax  assessor  of  each  parish  of  the  State  ******* 
shall  receive  as  an  annual  compensation  for  his  labors,  services 
and  duties  four  per  cent  (4  per  cent)  of  the  first  fifty  thousand 
dollars  ($50,000.00)  aggregate  amount  of  all  State,  parish  and 
poll  taxes  assessed,  and  two  per  cent  (2  per  cent)  on  any  excess 
over  fifty  thousand  dollars  ($50,000.00)  ;  provided  that  nothing 
herein  shall  be  so  construed  as  to  allow  assessors  more  than  two 
per  cent  on  special  school  taxes,  and  for  his  services,  duties  or 
labors  in  assessing  or  extending  on  the  rolls  any  and  all  levee 
taxes  the  sum  of  one  hundred  dollars  ($100),  except  where  the 


23 

parish  for  which  the  assessor  is  elected  lies  in  more  than  one 
levee  district,  in  which  case  he  shall  receive  the  sum  of  two  per 
cent  (2  per  cent)  on  the  aggregate  amount  of  such  taxes;  pro- 
vided no  assessor  shall  receive  less  than  four  hundred  dollars 
($4UU)  in  any  parish  for  each  annual  assessment  of  State,  parish, 
poll  and  all  levee  taxes.  That  the  payment  of  this  compensation 
shall  be  distributed  between  the  State,  parish,  school  boards, 
cities  and  towns  and  other  taxing  district  or  division  in  propor- 
tion to  the  amount  received  by  each. 

(Powers  of  the   District   Board    in    Expropriations,   S.   1492,    R.   S.) 

When  land  shall  be  required  for  the  erection  of  a  schoolhouse 
or  for  enlarging  a  schoolhouse  lot,  and  the  owner  refuses  to  sell 
the  same  for  a  reasonable  compensation,  the  District  Board  of 
School  Directors  shall  have  the  power  to  select  and  possess  such 
sites  embracing  space  sufficiently  extensive  to  answer  the  purpose 
of  schoolhouse  and  ground. 

(Expropriation  of  Property  for  Public  Schools;     For  Schoolhouse  Sites, 
Act  208  of  1906,   amending   and   re-enacting   Act  227  of  1902.) 

Whenever  the  State  or  any  political  corporation  of  the  same 
created  for  the  purpose  of  exercising  any  portion  of  the  govern- 
mental powers,  in  the  same,  or  the  board  of  administrators  or 
directors  of  any  charity  hospital,  or  any  board  of  school  directors 
thereof,  or  any  corporation  constituted  under  the  laws  of  this 
State  for  the  construction  of  railroads,  plank  roads,  turnpike 
roads,  or  canals  for  navigation,  or  for  the  construction  or  opera- 
tion of  water  works  or  sewerage  to  supply  the  public  with  water 
and  sewerage,  (or  for  the  piping  and  marketing  of  natural  gas 
for  the  purpose  of  supplying  the  public  with  natural  gas),  or  for 
the  purpose  of  transmitting  intelligence  by  magnetic  telegraph, 
cannot  agree  with  the  owner  of  the  land  which  may  be  wanted  for 
its  purchase,  it  shall  be  lawful  for  such  State  corporation,  board 
of  administrators,  directors  or  persons  to  apply  by  petition  to 
the  district  court,  in  which  the  same  may  be  situated,  or  if  it 
extends  into  two  districts,  to  the  judge  of  the  district  court  in 
which  the  owner  resides,  and  if  the  owner  does  not  reside  in 
either  district,  to  either  of  the  district  courts,  describing  the  land 
necessary  for  the  purposes,  with  a  plan  of  the  same,  and  a  state- 


merit  of  the  improvement  thereon,  if  any,  and  the  name  of  the' 
owner  thereof,  if  known  at  present  in  the  State,  with  a  prayer 
that  the  land  be  adjudged  to  such  State,  corporation,  board  of 
administrators  or  directors  upon  payment  to  the  owner  of  all 
such  damages  as  he  may  sustain  in  consequence  of  the  expropria- 
tion of  said  land  for  such  public  works;  all  claims  for  lands  or 
damages  to  the  owner  caused  by  its  taking  or  expropriation  for 
such  public  work  shall  be  barred  by  two  (2)  years'  prescrip- 
tion which  shall  commence  to  run  from  the  date  at  which  the 
land  was  actually  occupied  and  used  for  the  construction  of 
the  works. 

All  the  existing  laws  for  the  forms  and  processes  of  expro- 
priation of  property  shall  be  applicable  to  the  said  act  and  sec- 
tion thus  amended  and  re-enacted. 

(Relative  to  the  Value  of  Grounds,  S.  1493,  R.  S.) 

Should  such  landholder  deem  the  sum  assessed  too  small,  he 
shall  have  the  right  to  institute  suit  before  any  proper  judicial 
tribunal  for  his  claim;  but  the  title  shall  pass  from  him  to  the 
school  corporation. 

ACT    No.    90    OF    1906. 

Section  1.  That  in  order  to  provide  for  public  education  in  the 
city  of  Lake  Charles,  a  school  board  is  hereby  created  for  said 
city.  (Said  board  shall  consist  of  five  members,  who  shall  be  elected 
at  large  by  the  qualified  voters  of  said  city.  Each  member  of  said 
board  shall  be  able  to  read  and  write  the  English  language  and 
shall  be  a  duly  qualified  elector  of  said  municipality.  The  election 
for  the  members  of  said  board  shall  be  held  under  the  general 
election  laws  of  this  State,  and  the  members  when  elected  shall  be 
commissioned  in  the  same  manner  as  parish  boards  of  school  di- 
rectors. They  shall  hold  their  office  for  terms  of  four  years,  and 
until  their  successors  shall  have  been  duly  elected  and  qualified, 
except  as  hereinafter  provided.  All  vacancies  that  may  occur  in 
said  board,  whether  caused  by  failure  to  qualify,  by  resignation, 
or  by  death,  shall  be  filled  at  an  election  duly  called,  within  thirty 
days  after  said  vacancy  occurred.  Each  member  shall  qualify 
within  thirty  days  after  he  has  been  commissioned,  otherwise  the 
office  to  which  he  is  elected  shall  be  deemed  vacant.  The  elect- 
ors residing  in  the  City  of  Lake  Charles  shall  be  ineligible  to  serve 


25 

as  members  of  the  parish  board  of  directors  of  the  public  schools 
of  Calcasieu  Parish,  Louisiana,  and  to  vote  for  members  of  said 
body.  It  shall  be  the  duty  of  the  election  commissioners  serving 
at  the  polling  places  in  Ward  3  of  Calcasieu  Parish,  Louisiana, 
to  see  that  the  provisions  of  this  -section  are  made  effective. 

Section  2.  That  all  elections  for  members  of  said  board  shall 
be  called  by  the  City  Council,  which  shall  appoint  the  commis- 
sioners of  election  and  designate  the  polling  places.  All  returns 
of  election  shall  be  made  to  this  Council,  which  shall  make  such 
proclamation  and  do  all  other  things  in  regard  thereto  as  is 
required  by  law  of  returning  officers  of  the  parish.  The  first 
election  under  this  Act  shall  be  held  on  the  day  set  apart  by 
law  for  the  congressional  election,  in  the  year  1906,  and  there- 
after every  two  years  on  such  congressional  election  day,  after 
giving  at  least  ten  days'  notice  thereof  by  publication,  in  the 
official  journal  of  said  city;  successors  to  those  members  of  the 
board  whose  terms  expire  in  said  year,  shall  be  elected  in  the 
manner  above  provided.  The  members  so  elected  shall  assume 
the  discharge  of  the  functions  of  their  offices  on  the  first  Tues- 
day after  the  receipt  of  their  commissions.  The  first  board 
hereunder  shall  be  appointed  by  the  State  Superintendent  of 
Public  Education,  immediately  after  passage  of  this  Act,  and 
the  members  so  appointed  shall  hold  their  offices  until  the  con- 
gressional election  in  the  year  1906,  and  until  their  successors 
shall  have  been  duly  elected  and  qualified.  Immediately  after 
the  first  election  hereunder,  the  members  of  said  board  so  elected, 
shall  draw  lots  for  terms  of  two  and  four  years,  two  of  said 
terms  to  be  fo-r  two  years  and  three  of  said  terms  to  be  for  four 
years,  and  thereafter  all  members  of  said  board  shall  be  elected 
for  terms  of  four  years,  and  until  their  successors  shall  have  been 
duly  elected  and  qualified. 

Section  3.  That  said  board,  at  its  first  meeting,  shall  elect 
from  among  its  members  a  president  who  shall  discharge  all  of 
the  functions  incumbent  upon  presidents  of  parish  school  boards, 
and  who  may  exercise  similar  powers,  except  as  may  be  herein 
provided.  He  shall  receive  no  compensation  for  his  service. 
Said  board  may  elect  a  superintendent  of  the  city  schools  and 
fix  his  compensation.  He  shall  have  all  of  the  qualifications 


26 

required  by  law  for  parish  superintendents  except  that  he  need 
not  be  a  qualified  elector,  and  such  additional  qualifications  as 
the  board  may  prescribe.  Said  board  may  also  elect  a  secretary, 
and  fix  his  compensation,  which  compensation  shall  not  exceed 
ten  dollars  per  month.  The  treasurer  of  the  city  of  Lake  Charles 
shall  be  ex-officio  treasurer  of  said  School  Board.  Said  Board 
shall  fix  and  approve  his  bond  as  such,  and  when  premiums  are 
required  on  said  bond  said  Board  shall  pay  them,  provided  they 
do  not  exceed  the  usual  premium  for  official  bonds  of  such  nature. 
The  president  and  the  secretary  of  said  Board  shall  be  elected 
for  terms  of  two  years. 

Section  4.  That  said  School  Board  shall  possess  and  may 
exercise  within  the  corporate  limits  of  the  city  of  Lake  Charles, 
all  of  the  powers  conferred,  and  that  may  hereafter  be  conferred 
by  law  upon  parish  school  boards,  and  shall  within  such  ter- 
ritory discharge  all  of  the  duties  incumbent  upon  such  boards 
and  shall  be  governed  by  all  of  the  restrictions  imposed  upon  the 
same. 

Section  5.  That  all  moneys  appropriated  or  budgeted  by  the 
city  of  Lake  Charles  out  of  the  general  revenues,  and  all  special 
taxes  levied  by  said  city  in  aid  of  the  public  schools  shall  be  paid 
over  as  collected  by  the  tax  collector  of  said  city  to  the  treasurer 
of  said  School  Board,  who  shall  issue  to  the  tax  collector,  on 
receipting  such  payment,  duplicate  receipt.  The  tax  collector 
shall  make  monthly  statements  to  the  City  Council  of  all  such 
payments  and  shall  attach  to  each  monthly  statement  one  of  said 
duplicate  receipts. 

Section  6.  That  the  School  Board  of  the  Parish  of  Calcasieu 
shall  pay  to  the  School  Board  of  the  City  of  Lake  Charles  its 
pro  rata  of  all  funds  intended  for  the  support  of  the  schools  of 
the  Parish  of  Calcasieu,  including  its  pro  rata  of  said  funds  ap- 
portioned to  said  parish,  and  its  pro  rata  of  fines  and  forfeited 
bonds;  provided  that  under  no  circumstances  shall  this  include 
any  moneys  budgeted  by  the  Police  Jury  of  the  Parish  of  Cal- 
casieu in  aid  of  the  public  schools  of  said  parish  out  of  the  gen- 
eral revenues  of  said  parish,  nor  any  special  taxes  authorized 
by  the  taxpayers  and  levied  in  aid  of  the  schools  of  said  parish, 
unless  such  special  taxes  are  levied  in  the  territory  contained  in 


27 

said  city  as  part  of  the  territory  authorizing  the  levy  of  said 
special  taxes. 

Section  7.  That  said  School  Board  shall  annually,  before  the 
election  of  teachers  and  employees,  and  not  later  than  the  first 
Tuesday  in  July,  submit  to  the  Council  of  said  city,  for  their 
guidance,  an  itemized  statement  of  the  expenses  necessary  to 
hire  teachers  and  employees  for  the  public  schools  of  the  city 
and  to  maintain  said  schools  for  the  ensuing  scholastic  year,  and 
also  a  statement  of  the  funds  said  Board  expects  from  other 
sources  for  said  year.  Upon  approving  this  estimate  as  a  basis 
for  making  appropriations  out  of  the  general  revenues,  the 
Council  shall  make  such  provision  as  it  may  deem  proper  in  its 
budget  for  the  ensuing  fiscal  year,  within  constitutional  limita- 
tions for  the  payment  of  the  salaries  of  teachers  and  employees 
to  be  elected  by  said  School  Board,  and  for  the  maintenance  of 
said  schools.  The  said  School  Board  shall  create  no  debts  nor 
obligations  in  excess  of  the  amount  appropriated  or  consented  to 
be  appropriated  by  the  City  Council,  and  in  excess  of  the  funds 
to  be  derived  from  other  sources  for  said  year  as  approved  in 
said  statement,  without  first  having  obtained  the  approval  of  the 
Council  to  such  excess,  nor  until  provision  is  made  by  the  Council 
for  its  payment. 

Section  8<  That  no  member  of  the  City  Council,  nor  any 
officer  of  the  city  of  Lake  Charles  shall  be  a  member  of  said 
School  Board. 

Section  9.  The  said  Board  shall  be  required  to  report  to  the 
State  Superintendent  of  Public  Education,  through  its  superin- 
tendent or  president,  the  condition  of  the  schools  of  the  city  of 
Lake  Charles,  in  the  same  manner  as  provided  by  law  for  reports 
of  parish  superintendents,  and  for  neglect  or  failure  so  to  do, 
shall  be  liable  to  the  same  penalties. 

(Bird  Day  Established,  S.  14,  A.  198,  '06.) 

Section  14.  The  State  and  Parish  Boards  of  Public  Educa- 
tion ajre  directed  to  provide  for  the  celebration,  by  all  public 
schools,  of  "Bird  Day/'  on  May  fifth  of  each  year,  being  the 
anniversary  of  the  birth  of  John  James  Audubon,  the  distin- 
guished son  of  Louisiana. 


28 

On  the  recurring  anniversary  days,  suitable  exercises  are  to 
be  engaged  in,  and  lessons  on  the  economic  and  esthetic  value  of 
the  resident  and  migratory  birds  of  the  State  are  to  be  taught, 
by  the  teachers,  to  their  pupils. 

(School   Libraries   Established,  A.  202,  '06.) 

Section  1.  Whenever  the  patrons  and  friends  of  any  individ- 
ual school  or  grade  of  the  free  public  schools  in  which  a  library 
has  not  already  been  established  by  the  aid  of  the  parish  board  of 
school  directors,  shall  raise  by  private  subscription  or  otherwise 
and  tender  to  the  treasurer  of  the  parish  public  school  funds  for 
the  establishment  of  a  library  to  be  connected  with  such  schools  or 
grade,  the  sum  of  ten  dollars,  and  the  parish  treasurer  has  so 
advised  the  secretary  of  the  parish  board  of  school  directors,  the 
said  board  at  its  next  quarterly  meeting  shall  appropriate  from 
the  public  school  funds  the  sum  of  ten  dollars  for  this  purpose, 
and  shall  appoint  the  teacher  in  charge  of  said  school  or  grade 
the  manager  of  such  libraries;  provided  further,  that  at  times 
other  than  during  the  school  term,  the  library  shall  be  kept  in  a 
locked  case  provided  for  under  this  Act. 

(Duty  of   Parish   Treasurer  and   Secretary   of   School    Board.) 

Section  2.  That  as  soon  as  the  secretary  of  the  parish  board  of 
school  directors  shall  have  received  notice  from  the  treasurer  of 
the  parish  public  school  funds  (and  said  notice  should  be  served 
by  the  said  treasurer  within  five  days  after  receipt  of  same)  that 
a  donation  for  a  library  for  a  certain  school  or  grade  has  been 
made,  the  secretary  shall  inform  the  State  Superintendent  of 
Public  Education  of  the  fact,  whereupon  the  said  Superintendent 
shall  furnish  the  said  secretary  a  list  of  public  school  library 
books  and  prices  therefor,  said  books  and  prices  having  been 
approved  by  the  State. Board  of  Education. 

(Manner  of  Selecting  Books.) 

Section  3.  That  within  five  days  after  the  parish  board  of 
school  directors  shall  have  made  an  appropriation  for  a  library, 
the  president  and  secretary  of  the  board,  with  the  assistance  of 
the  teacher  in  charge  of  the  school  or  grade  for  which  the  appro- 
priation was  made,  shall  select  from  the  aforesaid  approved  list 
of  books  for  public  school  libraries  a  list  of  books  to  be  purchased 


29 

for  the  said  library,  and  shall  submit  a  list  of  books  to  be  pur- 
chased to  the  secretary  of  the  board,  who  shall  order  the  books  at 
once,  and  payment  for  same  shall  be  made  by  warrant  upon  the 
treasurer  of  the  parish  public  school  funds  signed  by  the  presi- 
dent and  secretary  of  the  parish  board  of  school  directors. 

(Duty  of  School    Board  to   Furnish   Book  Case.) 

Section  4.  Upon  application  of  the  parish  superintendent,  the 
parish  board  of  school  directors  shall  furnish,  to  each  library,  at 
the  expense  of  the  public  school  funds,  a  neat  bookcase,  with  lock 
and  key. 

(Local    Manager   to   Observe    Rules   and    Regulations;     Report   to    State 

Superintendent.) 

The  local  manager  of  every  library  shall  carry  out  such,  rules 
and  regulations  for  the  proper  use  and  preservation  of  the  books 
as  may  be  established  by  the  State  Superintendent  of  Public 
Education,  and  shall  on  or  before  the  tenth  day  of  January  of 
each  year  make  to  the  State  Superintendent  of  Public  Education 
such  report  as  he  may  require. 

(Duty  of  School   Board  When  Second  Appropriation   Is  Made  After  One 
Year;     Subsequent  Appropriations   Limited  to  One   Per  Year.) 

Section  5.  When  the  patrons  and  friends  of  any  individual 
school  or  grade  of  the  public  school  in  which  a  library  has  been 
established  for  one  year  under  the  preceding  sections  of  this 
Act,  shall  raise  by  private  subscription  or  otherwise  and  tender 
to  the  treasurer  of  the  parish  school  funds  the  sum  of  five  dol- 
lars for  the  enlargement  of  the  library,  the  parish  board  of 
school  directors  shall  appropriate  from  the  money  belonging  to 
that  school  or  grade  not  less  than  the  sum  of  five  dollars  nor 
more  than  fifteen  dollars.  The  money  thus  collected  and  appro- 
priated .shall  be  used  for  the  enlargement  of  libraries  already 
established  under  the  same  rules  and  restrictions  as  govern  the 
establishment  of  new  libraries ;  provided  that  no  more  than  one 
such  appropriation  shall  be  made  each  year  for  each  school  or 
grade. 

(Legal  Ownership  to  Remain  in   Parish  School   Board.) 

Section  6.    The  legal  possession  and  ownership  of  the  books, 
cases  and  other  appendages  of  the  school  or  grade  library,  shall 


30 

be  and  remain  in  the  parish  board  of  school  directors  and  their 
successors  in  office,  and  that  the  felonious  destruction  or  taking 
and  carrying  away  thereof,  or  any  part  thereof,  or  any  books, 
article,  apparatus  or  furniture  from  or  belonging  to  any  public 
school  house  owned  or  used  for  public  school  purposes  shall 
and  is  hereby  declared  to  be  larceny,  and  the  breaking  into  such 
schoolhouse  at  night  with  intent  to  commit  larceny,  as  herein  set 
forth,  or  any  felony,  shall  and  is  hereby  declared  to  be  burglary, 
and  that  any  larceny  or  burglary  so  committed  shall  be  punished 
as  in  other  cases  under  existing  statutes. 

(Providing    that    the    Doors    of    School    Houses    Shall    Swing    Outward, 
A.  91,  '08.) 

Section  1.  All  doors  for  ingress  and  egress  to  public  school- 
houses,  churches,  courthouses,  assembly  rooms,  halls,  theatres, 
factories  with  more  than  twenty  employees  and  of  all  other 
buildings  of  public  resort  whatever,  where  people  are  wont  to 
assemble,  shall  be  so  swung  as  to  open  outwardly  from  the  audi- 
ence rooms,  classrooms,  halls,  or  workshops ;  but  such  doors  may 
be  hung  on  double-jointed  hinges,  so  as  to  open  with  equal  ease 
outwardly  or  inwardly. 

Section  2.  The  provisions  of  this  Act  shall  apply  to  all 
buildings  and  houses  within  its  terms,  erected  after  its  passage, 
from  the  date  it  becomes  in  force.  As  to  all  such  buildings  and 
houses  heretofore  erected,  said  provisions  shall  be  applied  from 
and  after  the  expiration  of  six  months  from  the  date  when  this 
Act  becomes  operative. 

Section  3.  The  president  of  the  parish  school  )>oard,  the 
deacons,  the  stewards  or  managers  of  any  church,  the  presi- 
dent of  the  parish  police  jury,  or  the  owner  of  any  hall,  theatre, 
or  factory,  failing  to  comply  with  the  provisions  of  this  Act 
or  to  have  -same  complied  with  as  relates  to  any  building  or 
buildings  under  the  control  of  the  bodies  over  which  they  pre- 
side or  of  which  they  are  a  member,  or  to  such  building  or  build- 
ings owned  by  them,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  upon  failure  to  pay  such  fine  and  costs 
shall  be  imprisoned  in  the  parish  jail  for  a  period  not  exceeding 
ninety  (90)  days. 


31 

Section  4.  Provided  that  this  Act  shall  not  apply  to  facto- 
ries, cotton  seed  oil  mills  and  other  like  establishments  where  the- 
doors  for  the  purpose  of  protection  against  fire,  are  so  arranged 
as  to  slide  back  and  forth  on  rollers. 

(Spitting  on  Schoolhouse  Floor  Prohibited,  S.  1,  A.  91,  '08.) 

Any  person  who  shall  spit  upon  the  floor  or  walls  of  any 
passenger  car,  street  car,  depot  or  waiting  room,  courthouse, 
churchhouse,  schoolhouse,  or  any  other  public  building  whatever, 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
be  fined  in  a  sum  not  less  than  Five  ($5)  Dollars,  nor  more  than 
Twenty-five  ($25)  Dollars,  and  in  default  of  payment  of  fine 
and  costs,  shall  be  imprisoned  in  the  parish  jail  for  a  period 
not  exceeding  ten  days. 

(Pupils'  Eyes  to  Be  Tested,  A.  292,  '08.) 

'Section  1.  The  State  Board  of  Health  and  Superintendent 
of  Education  shall  prepare  or  cause  to  be  prepared,  suitable  test 
cards,  blanks  and  record  books,  and  all  other  necessary  appliances 
to  be  used  in  testing  the  sight  and  hearing  of  pupils  in  the  public 
schools  of  the  State,  together  with  the  necessary  instructions  for 
the  use  of  same ;  and  .the  Superintendent  of  Education  shall  fur- 
nish said  test  cards,  record  books,  blanks  and  appliances  together 
with  the  necessary  instructions  for  the  use  to  every  public  school 
in  the  State. 

Sec.  2.  The  Superintendent,  Principal  or  Teacher  in  every 
school,  during  the  month  of  September  or  during  the  first  month 
of  schools,  or  within  thirty  days  after  the  admission  of  any 
pupils  entering  the  school  late  in  the  session,  shall  in  each  year, 
test  the  sight  and  hearing  of  each  and  all  pupils  under  his  or 
her  charge,  and  shall  keep  a  record  of  such  examination  ac- 
cording to  the  instructions  furnished,  and  shall  notify  in  writing 
the  parent,  tutor,  tutrix,  or  guardian  of  every  pupil  who  shall 
be  found  to  have  any  defect  of  sight  or  hearing  or  any  disease 
of  eyes  or  ears  of  such  defect;1  and  shall  make  a  written  report 
of  all  such  examinations  to  the  State  Superintendent  of  Edu- 
cation. 

(Columbus  Day,  A.  56,  1910.) 

The  several  school  boards  of  the  State  of  Louisiana  shall 


32 

annually  authorize,  direct  and  instruct  the  parish  superintendent 
of  education,  or  other  proper  authority  to  observe  the  anniver- 
sary of  the  date  of  the  discovery  of  America  by  Christopher 
Columbus,  October  12,  by  such  fitting  and  appropriate  exercises, 
as  the  said  various  and  several  school  boards  may  determine 
upon  and  select. 

Sec.  2.  Any  failure  upon  the  part  of  the  said  several  and 
various  school  boards  and  parish  superintendents  to  comply 
with  the  provisions  of  this  Act,  shall  subject  said  school  boards 
and  members  thereof,  and  the  parish  superintendent  to  charges 
of  nonfeasance,  and  neglect  of  duty,  which  may  be  preferred  by 
any  person,  before  the  proper  authority. 

ACT    No.  116    OF    1910. 

Section  1.  (Sections  1,  7,  3,  9,  15  and  16  as  amended  by  Act 
263  of  1914.)  In  the  Parish  of  Orleans  there  is  hereby  created  a 
corporation  to  be  known  as  the  Board  of  Trustees  of  the  Teachers' 
Retirement  Fund  to  be  composed  of  nine  persons  who  shall  serve 
without  compensation  for  their  duties  as  members  of  said  Board. 
The  said  Board  of  Trustees  shall  be  a  body  corporate  in  law  with 
power  to  sue  and  be  sued,  to  have,  hold,  receive,  use  and  sell  or 
dispose  of,  under  the  provisions  of  this  Act,  property,  real,  per- 
sonal, and  mixed,  and  to  exercise  all  the  rights,  powers,  and  privi- 
leges of  a  corporation.  The  said  Board  shall  also  have  power  to 
borrow  money,  issue  notes  or  other  evidences  of  debt,  and  to 
pledge  its  revenue  for  the  year  then  current  from  whatever  source 
received,  for  the  purpose  of  promptly  paying  its  obligations  or 
for  such  other  purposes  as  to  said  Board  may  seem  right  and 
proper.  Legal  process  shall  be  served  on  the  President,  and,  in 
his  absence,  or  inability  to  act,  on  the  Yice-President.  The  City 
Attorney  shall  act  as  the  attorney  for  the  Board  of  Trustees.  The 
said  Board  of  Trustees  shall  be  composed  of  the  Superintendent 
of  Public  Schools,  three  members  of  the  Board  of  School  Direct- 
ors, to  be  elected  by  said  Board  of  School  Directors  every  four 
years  in  the  month  of  January,  beginning  January,  1913,  and  the 
members  so  elected  shall  become  members  of  the  said  Board  of 
Trustees  on  the  fifteenth  day  of  February  next  following  the  date 
of  their  election,  provided  that  as  soon  as  practicable  after  the 
passage  of  this  Act  the  Parish  Board  of  School  Directors  shall 


elect  three  of  its  members  to  serve  on  the  said  Board  of  Trustees 
until  the  members  elected  in  January,  1913,  shall  become  mem- 
bers of  the  said  Board  of  Trustees;  and  five  members  of  the 
teaching  force  of  the  Parish  of  Orleans  who  shall  be  elected  in 
the  following  manner :  On  the  third  Monday  of  January  begin- 
ning in  the  year  1913,  and  every  four  years  thereafter,  the  mem- 
bers of  the  teaching  force  of  the  Parish  shall  deposit  with  the  said 
Board  of  Trustees  a  sealed  ballot  containing  the  names  of  five 
teachers  representing  their  respective  choices  for  membership  on 
the  said  Board  of  Trustees.  The  Board  of  Trustees  shall  examine 
said  ballots  and  give  to  each  teacher  receiving  a  vote  credit  there- 
for and  the  five  teachers  receiving  the  highest  number  of  votes 
under  the  said  ballots  shall  become  members  of  the  said  Board  of 
Trustees,  on  the  fifteenth  day  of  February  next  following  the 
date  of  their  election.  The  said  Board  of  Trustees  shall  publicly 
announce  the  result  of  said  election  not  later  than  the  first  day  of 
February,  next  following  the  date  said  ballots  were  deposited, 
provided,  ho\vever,  that  within  30  days  after  this  Act  shall  become 
operative,  and  on  a  day  to  be  designated  by  the  Board  of  School 
Directors,  five  members  of  the  teaching  force  of  the  Parish  shall 
be  elected  in  the  manner  provided,  except  the  said  ballots  shall  be 
deposited  with  the  Board  of  School  Directors,  which  Board  shall 
examine  said  ballots  and  give  to  each  teacher  receiving  a  vote  a 
credit  therefor,  and  the  five  teachers  receiving  the  highest  number 
of  votes  under  said  ballots  shall  be  members  of  the  Board  of 
Trustees  until  the  members  elected  in  1913  shall  become  members 
of  the  said  Board  of  Trustees.  The  Board  of  School  Directors 
shall  publicly  announce  the  result  of  said  election,  without  any 
unnecessary  delay  after  the  election.  As  soon  as  practicable  after 
the  election  of  the  members,  the  Superintendent  shall  call  a  meet- 
ing of  the  said  Board  of  Trustees.  Provided,  that  in  order  to 
carry  out  the  intention  of  this  act,  as  amended,  there  shall  be  held, 
on  the  fourteenth  day  of  October,  1914,  a  special  election  for  two 
members  of  said  Board  of  Trustees,  to  be  chosen  from  the  teach- 
ing force,  said  election  to  be  conducted  and  the  results  ascer- 
tained and  determined  in  the  manner  hereinabove  provided,  and 
the  two  teachers  so  chosen  to  hold  office  as  members  of  said 
Board  of  Trustees  until  their  successors  shall  have  been  elected 
and  qualified  in  1917,  as  provided  in  this  amendment. 


34 

Section  2.  That  the  members  of  the  said  Board  of  Trustees 
shall  hold  office  until  their  successors  are  elected  and  become 
members  as  provided  in  the  preceding  section.  In  case  of  a 
vacancy  in  said  Board  of  Trustees  by  reason  of  death,  resigna- 
tion, or  through  any  other  cause,  of  a  member  of  the  teaching 
force,  the  Board  of  Trustees  shall  elect  a  member  of  said  teach- 
ing force  as  a  member  of  said  Board  of  Trustees  for  the  un- 
expired  term  of  the  person  who  has  ceased  to  be  such;  in  case 
of  a  vacancy  on  said  Board  of  Trustees  by  reason  of  death,  res- 
ignation, or  through  any  other  cause,  of  a  member  of  the  Board 
of  School  Directors,  the  said  Board  of  School  Directors  shall 
forthwith  elect  one  of  its  members  as  a"  member  of  said  Board 
of  Trustees  for  the  unexpired  term  of  the  person  who  has  ceased 
to  be  such. 

Section  3.  That  a  majority  of  said  Board  of  Trustees  shall 
constitute  a  quorum  for  the  transaction  of  all  business,  and  the 
said  Board  shall  tyave  full  power  to  make  and  enforce  all  by-laws, 
rules  and  orders  that  it  may  deem  necessary  or  appropriate  to 
carry  out  the  purposes  of  this  Act,  and  said  Board  of  Trustees 
may  take  by  gift,  grant,  device  or  bequest,  any  money,  personal 
property,  real  estate  or  any  interest  therein,  and  any  such  gift, 
grant,  device  or  bequest  may  be  absolute,  or  upon  such  conditions 
that  the  donor  may  impose  at  the  time  of  the  gift,  grant,  device, 
or  bequest  and  said  Board  shall  be  authorized  to  take  such  gift, 
grant  or  bequest  under  and  by  the  style  of  the  Board  of  Trustees 
of  the  Teachers '  Retirement  Fund,  and  to  hold  the  same  or  assign, 
transfer  or  sell  same,  whenever  proper  under  the  terms  of  such 
gift,  grant,  device  or  bequest,  or  whenever  necessary,  under  and 
by  such  name. 

Section  4.  That  the  said  Board  of  Trustees  shall  elect  from 
its  members  a  President  and  a  Vice-President.  The  Secretary 
of  the  Board  of  School  Directors  shall  be  Secretary-Treasurer 
of  the  Board  of  Trustees,  with  such  additional  compensation 
therefor  as  may  be  fixed  and  paid  by  the  Board  of  Trustees, 
-and  it  shall  be  his  duty  to  keep  a  true  and  correct  statement 
of  the  account  of  each  member  with  the  Teachers'  Retirement 
Fund  and  to  render  to  the  Board  of  Trustees  a  monthly  account 
of  his  doings.  The  Secretary-Treasurer  of  said  Board  of  Trus- 


35 

tees  shall  receive  and  keep  account  of  all  moneys  belonging  to 
the  Teachers'  Retirement  Fund  and  all  notes,  bonds  and  other 
securities  belonging  to  said  Teachers'  Retirement  Fund,  and 
shall  collect  the  principal  of,  and  interest  on  the  same.  The  said 
Fund  shall  be  deposited  in  a  bank  or  banks  to  be  selected  by  the 
Board  of  Trustees  and  to  be  withdrawn  on  checks  signed  by  the 
Secretary-Treasurer  and  President  of  this  Board ;  the  said  notes, 
bonds  and  other  securities  shall  be  deposited  in  a  safety  deposit 
vault  in  a  bank  or  banks,  selected  by  the  Board  of  Trustees, 
subject  to  the  joint  order  of  the  President  and  Secretary-Treas- 
urer of  this  Board.  Before  assuming  to  act  as  such  Secretary- 
Treasurer  he  shall  furnish  bond  in  one  or  more  bonding  compa- 
nies authorized  to  do  business  in  this  State,  in  such  fixed  amount 
as  the  Board  of  Trustees  may  require,  conditioned  for  the  faithful 
performance  of  the  duties  imposed  upon  him  by  this  Act,  or 
that  may  be  assigned  to  him  by  the  Board  of  Trustees,  or  forrft 
part  of  his  duties  in  any  manner,  and  for  the  faithful  accounting 
of  all  moneys  and  securities,  including  both  principal  and  inter- 
est, which  may  come  into  his  hands  and  which  shall  belong  to 
the  Teachers'  Retirement  Fund,  or  be  under  the  control  of  the 
Board.  Said  Secretary-Treasurer  upon  the  expiration  of  his 
term  of  office  shall  account  to  said  Board  for  all  moneys,  notes, 
bonds  and  other  securities  coming  into  his  hands,  and  for  the 
interest,  income,  profit,  rentals  and  proceeds  of  and  from  the 
same  and  he  shall  turn  over  to  his  successor  all  moneys,  notes, 
bonds  and  other  securities  belonging  to  said  Fund.  It  shall  be 
the  duty  of  the  Secretary-Treasurer  to  keep  a  true  and  accurate 
account  of  the  proceedings  of  said  Board  of  Trustees,  and  he 
shall  perform  such  other  duties  as  the  Board  of  Trustees  shall 
direct.  The  Secretary-Treasurer  shall  make  a  full  and  accurate 
account  of  his  office  whenever  required  so  to  do  by  the  Board 
of  Trustees.  The  said  Board  of  Trustees  shall  have  power  to 
appoint  such  other  employees  as  it  may  from  time  to  time  deem 
necessary  to  carry  out  the  purposes  of  this  Act,  and  the  said 
Board  shall  pay  to  such  employees  such  salaries  as  may  be  fixed 
by  the  Board. 

Section  5.     That  every  teacher  who  is  such  at  the  time  of 
the  passage  of  this  Act,  shall  as  soon  as  practicable  thereafter 


36 

notify  the  said  Board  of  Trustees  whether  he  or  she  desires  to 
accept  the  advantages  of  this  Act,  or  any  amendments  thereto, 
and  every  acceptance  when  given  shall  be  irrevocable,  and  any 
such  teacher  who  may  accept  shall  be  eligible  for  election  to  said 
Board  of  Trustees,  and  he  or  she  shall  have  the  right  to  vote  for 
members  thereof;  and  such  teachers  who  shall  fail  to  accept  be- 
fore January  1,  1911,  shall  not  be  entitled  to  any  benefits  or 
advantages  under  this  Act,  until  he  or  she  shall  have  first  paid 
into  the  Teachers'  Retirement  Fund,  an  amount  equal  to  the 
assessments  he  or  she  would  have  paid  into  said  fund,  had  such 
acceptance  been  given  on  or  before  December  31,  1910,  together 
with  twenty  per  centum  of  such  amount.  Assessments  under 
this  Act  shall  begin  to  be  payable  September  1st,  1910. 

Section  6.  That  from  and  after  the  passage  of  this  Act,  the 
acceptance  of  a  position  as  teacher,  or  as  a  member  of  the  teach- 
ing force  of  the  Parish,  shall  ipso  facto  be  an  acceptance  of  all 
provisions  of  this  Act,  and  of  any  amendments  thereto,  and  as 
an  agreement  and  obligation  to  pay  assessments  provided  for 
herein,  or  that  may  be  provided  for. 

Section  7.  That  all  moneys,  property  of  any  kind  or  securi- 
ties that  may  come  into  the  hands  of  the  said  Board  of  Trustees, 
under  the  provisions  of  this  Act,  or  any  amendment  thereto,  shall 
be  known  as  the  Teachers'  Retirement  Fund,  and  said  Board 
of  Trustees  is  hereby  given  full  and  complete  power  and  ex- 
clusive control  over  said  Fund,  and  is  hereby  empowered  to  have, 
demand,  receive,  hold,  invest  and  reinvest  the  same  for  the  pro- 
motion of  the  purposes  of  said  fund  which  shall  consist  of  the 
following : 

First:  Assessments  upon  the  salary  of  every  teacher,  who 
shall  notify  the  Board  of  Trustees  of  his  or  her  acceptance  of  the 
provisions  of  this  act  and  amendments  thereto,  under  Section 
5,  and  assessments  upon  the  salary  of  each  and  every  teacher 
who  may  be  appointed  after  the  passage  of  this  act,  as  follows : 

One  per  centum  per  month  upon  the  salary  of  every  teacher 
who  shall  have  been  engaged  in  excess  of  ten  years  in  teaching 
service ;  one  and  one-half  per  centum  per  month  upon  the  salary 
of  every  teacher  who  shall  have  been  engaged  in  excess  of  ten 
years,  but  not  more  than  twenty  years  in  teaching  service;  and 


37 

two  per  centum  per  mouth  upon  the  salary  of  every  teacher  who 
shall  have  been  engaged  longer  than  twenty  years  in  teaching 
service,  provided  that  the  Board  of  Trustees  shall  have  the  power 
and  authority  to  increase  the  assessments  not  to  exceed  one-half 
of  one  per  centum  additional  in  each  class,  and  further  provided 
that  a  member  of  the  teaching  force,  as  defined  in  this  act,  who  is 
not  engaged  in  class  room  teaching,  and  who  takes  advantage  of 
this  Act  shall  be  assessed  two  per  centum  per  month 'upon  his  or 
her  salary  without  regard  to  years  of  service.  The  Secretary  of 
the  Board  of  School  Directors,  paying  such  salaries,  shall  prepare 
monthly,  as  part  of  his  monthly  pay  roll,  a  roll  of  assessment  and 
place  opposite  the  name  of  each  and  every  teacher  liable  thereto, 
the -amount  of  the  monthly  assessment  payable  by  him  or  her,  and 
shall  furnish  forthwith  a  copy  of  such  roll  to  the  Treasurer  of  the 
School  Board,  and  the  said  Treasurer  shall  deduct  and  retain  out 
of  the  monthly  salary  due  to  such  teacher  the  amount  of  such 
monthly  assessment,  and  the  sum  of  such  monthly  assessments 
shall  be  immediately  paid  by  the  Treasurer  to  the  said  Board  of 
Trustees. 

Second :  All  moneys,  property  of  any  kind,  or  securities  that 
may  come  into  the  hands  of  the  said  Board  of  Trustees  for  the 
purpose  of  said  Teachers'  Retirement  Fund  by  gift,  grant,  de- 
vise, bequest,  or  otherwise. 

Section  8.  That  the  Board  of  School  Directors  may  retire 
from  regular  duty,  upon  its  motion,  any  teacher  who  has  been 
such  ipr  a  period  of  forty  years  at  the  time  such  application  is 
made,  and  shall  retire  from  regular  duty  any  teacher,  upon  his  or 
her  application,  who  has  been  a  regular  teacher  for  a  period  of 
thirty  years  at  the  time  such  application  is  made,  and  the  teacher 
so  retired,  provided  he  or  she  shall  be  entitled  to  the  advantages 
of  this  Act  under  Section  5  or  6  hereof,  shall  receive  for  life  the 
salary  provided  by  Section  15.  Every  teacher  who  is  such  at  the 
time  of  passage  of  this  Act,  for  the  purpose  of  retirement  under 
this  Section  or  the  next  succeeding  section,  after  service  for  ten 
years  as  a  member  of  the  teaching  force  of  the  Parish,  shall  be 
entitled  to  full  credit  for  his  or  her  years  of  service  as  public 
school  teacher  elsewhere. 

Section  9.     That  the  Board  of  School  Directors  shall  re- 


38 

tire  from  regular  duty,  upon  his  or  her  own  application,  any 
teacher  who  has  been  such  for  a  period  of  five  years,  in  the 
city  schools,  at  the  time  such  application  is  made,  and  who 
is  disabled  and  incapacitated  from  performing  regular  duty, 
provided  the  Board  of  Trustees  shall  find  such  teacher  so 
disabled  or  incapacitated  after  an  examination  made  by  the 
Medical  Inspector  appointed  by  the  Board  of  School  Directors, 
or  after  such  examination  as  the  Board  of  Trustees  may  provide. 
No  examination  fee  or  charge  shall  be  paid  by  the  teacher  exam- 
ined. The  Board  of  School  Directors  may  retire  upon  its  motion, 
and  shall  retire  upon  his  or  her  own  application  any  teacher  who 
has  reached  the  age  of  sixty-five  years.  Any  teacher  so  retired 
under  the  provisions  of  this  Setcion,  provided  he  or  she  shall  be' 
entitled  to  the  advantages  of  this  Act,  under  Sections  5  or  6 
hereof,  shall  receive  for  life  a  salary  of  as  many  fortieths  of  that 
provided  for  by  'Section  15,  as  he  or  she  may  have  served  years 
at  the^time  of  such  retirement;  and  if  the  Board  of  School  Di- 
rectors shall  deem  any  teacher  who  has  been  such  for  a  period  of 
five  years  at  the  time  the  notices  herein  provided  for  are  given, 
to  be  disabled  or  incapacitated  from  performing  regular  duty,  the 
said  Board  of  School  Directors  shall  serve  written  notice  to  that 
effect  upon  the  said  teacher  and  upon  the  President  or  Secretary- 
Treasurer  of  the  Board  of  Trustees,  and  the  proceedings  shall 
then  be  had,  after  the  notice  provided  for  in  Section  11,  in  ac- 
cordance with  the  provisions  of  said  Section  11.  If  the  Board  of 
Trustees,  after  such  proceedings  are  had  shall  find  the  said,  teach- 
er to  be  incapacitated  from  performing  regular  duty,  such  teach- 
er, if  so  retired,  shall  be  entitled  to  a  salary  in  the  manner  and 
amount  as  if  he  or  she  had  been  retired  upon  his  or  her  own 
application  under  this  Section. 

Section  10.  That  unless  teachers  who  may  be  retired  under 
the  preceding  Sections  shall  have  paid  into  said  Teachers'  Re- 
tirement Fund,  by  way  of  assessment  or  otherwise,  an  amount 
equal  at  least  to  that  which  he  or  she  shall  be  entitled  to  re- 
ceive as  a  salary  for  the  first  year  of  retirement,  the  said  Board 
of  Trustees  shall  deduct  one-fifth  of  the  deficiency  thereof  from 
the  amount  of  said  salary  for  each  of  the  first  five  years  that 
the  same  may  be  payable. 


39 

Section  11.  That  after  any  teacher  shall  have  been  retired 
under  Section  9,  the  Board  of  Trustees  shall  have  the  right  at 
any  time  to  cause  such  teacher  to  again  be  brought  before  it  and 
examined  by  the  Medical  Inspector  of  the  Board  of  School  Di- 
rectors, and  also  to  examine  other  witnesses  for  the  purpose  of 
ascertaining  whether  such  teacher  shall  remain  on  the  retired  roll. 
The  fee  or  charge  of  the  examining  physician  shall  be  paid  by  the 
Board  of  Trustees.  Such  teacher  shall  be  entitled  to  at  least 
thirty  days'  notice  and  to  be  present  at  the  hearing  of  any  evi- 
dence ;  shall  be  permitted  to  .propound  any  questions  pertinent 
or  relative  to  such  matter,  and  shall  have  the  right  to  introduce 
evidence  upon  his  or  her  own  behalf.  Such  teacher  and  all  wit- 
nesses shall  be  examined  under  oath,  and  any  male  member  of 
said  Board  of  Trustees  is  hereby  authorized  and  empowered  to 
administer  the  oath.  If  the  Board  of  Trustees  shall  find  such 
teacher  qualified  for  active  service,  he  or  she  shall  report  to  the 
Superintendent  of  Public  Schools  of  the  Parish,  whenever  re- 
quired to  do  so  by  the  Board  of  Trustees,  and  said  Superintend- 
ent shall  assign  such  teacher  to  such  service  or  employment  as 
may  be  within  his  or  her  power  to  perform,  in  the  judgment  of 
such  Superintendent  and  of  the  examining  physician  employed 
by  the  Board  of  School  Directors.  During  the  time  of  such 
employment  such  teacher  shall  receive  the  regular  salary  there- 
for, and  shall  cease  to  be  entitled  to  any  payment  out  of  the 
Teachers'  Retirement  Fund,  because  of  disability  or  incapacity 
on  account  of  which  such  teacher  was  retired.  Any  teacher  that 
may  be  retired  under  Section  9,  and  reassigned  for  active  duty 
under  this  Section,  shall  for  the  purposes  of  late  retirement  un- 
der this  Act,  be  considered  as  having  been  in  active  service  during 
the  period  of  former  retirement. 

Section  12.  That  any  teacher  retired  under  the  provisions  of 
this  Act  shall  continue  as  an  employee  of  the  Board  of  Directors 
of  Public  Schools,  but  shall  be  compensated  from  the  Teachers' 
Retirement  Fund  as  provided  for  in  this  Act,  and  it  shall  be  the 
duty  of  the  teacher  so  retired  to  render,  without  extra  compensa- 
tion, such  teaching  service  and  at  such  time  as  the  Board  of 
Directors  of  Public  Schools  shall  direct,  provided,  the  Board  of 
School  Directors  shall  not  require  any  such  retired  teacher  to 


40 

perf  onn  any  teaching  service  except  such  as  the  Board  of  Trustees 
may  certify  to  the  Board  of  School  Directors  to  be  within  the 
reasonable  physical  power  of  such  retired  teacher,  and  provided 
further  that  no  such  retired  teacher  shall  be  required  to  render 
teaching  service  for  a  longer  period  than  thirty  days  in  any 
school  year. 

Section  13.  That  the  Board  of  Trustees  shall  establish  a 
permanent  fund,  to  the  credit  of  which  shall  be  put  and  depos- 
ited all  gifts,  grants,  devices  and  bequests,  all  other  receipts  for 
the  first  fiscal  year  during  which  the  Act  shall  become  operative^ 
except  so  much  of  said  receipts  as  the  Board  of  Trustees  may 
require  during  the  said  year  to  defray  its  expenses,  and  the  un- 
expended balances  remaining  at  the  end  of  each  fiscal  year  there- 
after. And  no  part  of  the  said  permanent  fund  shall  be  ex- 
pended, except  the  interest  and  income  therefrom;  provided, 
however,  that  one-half  of  the  amount  added  to  such  permanent 
fund  during  any  fiscal  year  may  be  used,  if  necessary,  during 
the  fiscal  year  immediately  following,  and  provided  further  that 
amounts  to  be  refunded  under  (Section  16,  shall  be  paid  out  of 
the  permanent  fund.  The  fiscal  year  shall  begin  September  1st. 
of  each  year. 

Section  14.  That  this  Act  shall  not  affect  in  any  way  the 
power  of  the  Board,  of  School  Directors  to  remove  teachers  from 
service  under  the  laws  now  in  force,  or  hereafter  enacted. 

Section  15.  That  upon  the  retirement  of  any  teacher  under 
Section  8,  the  teacher  so  retired  shall  be  entitled  to  receive  a 
salary' for  life  out  of  the  Teachers'  Retirement  Fund  equal  to 
one-half  of  his  or  her  average  annual  salary  for  five  years  im- 
mediately preceding  retirement,  but  no  salary  of  any  teacher 
shall  be  less  than  $300.00  nor  prreater  than  $600.00  per  annum, 
and  the  Board  of  Trustees,  subject  to  such  rule  or  regulations 
as  the  Board  may  adopt,  shall  pay  the  salaries  to  the  teachers 
entitled  thereto  under  this  Section  and  'Sections  8  and  9. 

Section  16.  That  any  teacher  contributing  to  such  Retirement 
Fund,  who  shall  voluntarily  cease  to  teach  in  the  Public  Schools 
of  the  Parish,  before  receiving  any  salary  from  said  Teachers' 
Retirement  Fund,  shall  be  entitled  to  the  return  of  one-half  of 
the  amount,  without  interest,  which  shall  have  been  paid  into  said 


41 

Teachers'  Retirement  Fund  by  such  teacher,  and  any  teacher 
whose  services  shall  be  dispensed  with  by  the  Board  of  School 
Directors  for  any  reasons  other  than  those  enumerated  in  the  pre- 
ceding Sections,  shall  be  entitled  to  the  return  of  the  full  amount, 
without  interest,  paid  into  the  Retirement  Fund  by  said  teacher ; 
provided,  however,  should  such  teacher  hereafter  again  teach  in 
the  Public  Schools  of  the  Parish,  such  teacher  shall  repay  to  said 
Teachers'  Retirement  Fund  the  amount  so  returned  to  said 
Teacher,  within  one  year  from  the  date  of  his  or  her  return  to 
service  in  the  schools,  and  upon  such  repayment  being  made  in 
addition  to  such  assessments  as  she  would  have  paid  in  the  in- 
terim, plus  10%  interest,  he  or  she  shall  be  entitled  to  credit  for 
the  length  of  time  of  the  former  service  and  interim.  Should 
any  teacher  die  before  receiving  any  salary  under  this  Act,  the 
Board  of  Trustees  shall  pay  to  teacher's  estate,  one-half ' the 
amount,  without  interest,  which  shall  have  been  paid  into  said 
Teachers '  Retirement  Fund  by  said  teacher. 

Section  17.  That  no  retired  salary,  whatsoever,  provided  for 
in  this  Act,  shall  be  payable  or  paid  during  the  first  fiscal 
year  during  which  said  Act  shall  become  operative;  provided, 
further,  should  any  contributors  to  said  Teachers'  Retirement 
Fund  make  application  for  retirement  under  the  provisions  of 
this  Act  during  said  year  his  or  her  name  shall  be  placed  on  a 
waiting  list  and  he  or  she  shall  be  retired  at  the  discretion  of  the 
Board  of  Trustees  when  said  year  shall  have  expired,  but  no 
teacher  shall  be  retired  by  the  Board  of  School  Directors  under 
this  Act,  until  after  the  expiration  of  said  year. 

Section  18.  That  the  said  Teachers'  Retirement  Fund  and 
all  salaries  and  refunds  granted  and  payable  by  the  Board  of 
Trustees  shall  be,  and  are  exempt  from  seizure  or  levy  under 
attachment,  execution,  garnishment  process  or  any  other  process ; 
and  said  salaries  and  refunds  or  payment  of  the  same  shall  not 
be  subject  to  sale,  assignment  or  transfer  by  any  beneficiary, 
and  any  such  sale,  assignment  or  transfer  of  the  same  shall  be 
absolutely  void. 

Section  19.  That  the  terms  "teacher"  and  "members  of 
teaching  force  of  the  parish ' '  as  used  in  this  Act,  shall  mean  and 


42 

include  any  superintendent,  assistant  superintendent,  principal, 
vice  principal,  supervisor,  secretary,  inspector,  person  in  charge 
of  any  special  department  of  instruction,  cadet,  librarian,  and 
any  assistant  to  any  of  those  above  named,  member  of  office  force, 
and  any  teacher  or  instructor  regularly  employed  as  such  by  the 
Board  of  School  Directors  of  the  Parish;  provided,  that  at  the 
first  election  under  the  provisions  of  this  Act  each  and  every 
teacher  or  member  of  the  teaching  force  of  the  parish,  including 
the  officers  named  in  this  Section,  shall  have  the  right  to  vote 
for  three  members  of  the  teaching  force  of  the  parish  to  be  chosen 
at  such  election,  whether  such  teacher,  member  of  the  teaching 
force  or  officer  has  signified  his  intention  to  accept  the  provisions 
of  this  Act  or  not. 

Section  20.  That  the  said  Board  of  Trustees  shall  have  ex- 
clusive control  and  its  decisions  shall  be  final  upon  the  question 
of  placing  any  teacher  upon  the  retired  list,  alid  the  granting  a 
salary  to  said  teacher  so  retired;  the  said  Board  of  Trustees 
shall  hear  and  decide  all  applications  in  reference  to  the  retire- 
ment of  teachers,  whether  made  by  the  teacher  or  suggested  by 
the  Board  of  School  Directors,  and  the  decision  of  said  Board  of 
Trustees  in  all  these  matters  shall  be  final  and  conclusive  and  not 
subject  to  review  or  reversal  except  by  the  Board  of  Trustees; 
and  nothing  in  this  Act  shall  be  construed  as  depriving  the 
Board  of  Trustees  of  the  discretionary  powers  of  retiring  a 
teacher,  nor  shall  anything  in  this  Act  be  construed  as  making  it 
mandatory  on  the  Board  of  Trustees  to  retire  a  teacher  on  his 
or  her  application. 

Section  21.  That  this  Act  shall  take  effect  from  the  date  of 
its  passage  and  all  laws  or  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 

(Forfeited    Bonds,  S.  1044,   R.  S.) 

The  several  district  attorneys  throughout  the  State  shall  be 
entitled  to  demand  and  receive  one-fifth  of  all  sums,  first  deduct- 
ing the  percentage  allowed  by  law  to  the  sheriff  for  collecting 
and  paying  over  the  same,  which  may  be  collected  on  forfeited 
bonds  in  criminal  prosecutions  and  misdemeanors  in  any  court 
of  justice. 


43 

(Quarterly  Statements  to  Be  Furnished  Supervisor  of  Public  Accounts 
by  Parish  Superintendent  and  State  Superintendent,  S.  5,  A. 
25,  '10.) 

All  State  boards  and  commissions  and  other  public  offices 
created  by  law,  and  all  educational  and  eleemosynary  institutions 
of  this  .State  including  parish  school  boards,  road  and  drainage 
districts,  shall  furnish  to  said  Supervisor  of  Public  Accounts, 
quarterly,  in  each  year,  sworn  statements  of  all  moneys  received 
by  them,  from  what  sources,  and  all  moneys  expended  by  them 
and  for  what  purposes;  said  statements  shall  be  accompanied 
by  vouchers  and  other  papers  necessary  to  prove  the  correct- 
ness of  the  same  and  no  officer  shall  destroy  any  voucher  or 
other  paper  belonging  to  his  office  before  same  has  been  examined 
and  passed  upon  by  said  Supervisor  of  Public  Accounts. 

It  shall  be  the  duty  of  the  Supervisor  of  Public  Accounts  to 
check  said  statements,  and,  if  any  irregularities  exist  to  call  the 
attention  of  those  responsible  thereto.  In  case  of  any  irregulari- 
ties or  defalcations  or  failure  of  any  officer  or  employee  to 
comply  with  the  provisions  of  this  Act,  it  shall  be  the  duty  of 
the  Supervisor  of  Public  Accounts  to  immediately  notify  the 
Governor  of  the  State.  The  quarterly  sworn  statements  pro- 
vided in  this  Section  shall  be  furnished  the  Supervisor  of  Public 
Accounts  between  the  first  and  fifteenth  of  January,  April,  July 
and  October  of  each  year;  the  Supervisor  of  Public  Accounts 
shall  install  a  system  of  accounting  in  every  office,  which  by 
law  it  is  made  his  duty  to  inspect  and  report  upon.  The  Super- 
visor of  Public  Accounts  shall  return  all  vouchers  to  the  re- 
spective offices  after  inspection. 

(Form  of  Accounts  Prescribed;  Records  to  Be  Kept  in  Office,  S.  6, 
A.  25,  '10.) 

All  public  offices,  boards,  commissions  and  eleemosynary  and 
educational  institutions  of  this  State  and  all  parochial  school 
boards,  road  and  drainage  districts,  shall  provide  an  office  for 
their  secretary  and  treasurer  where  their  books  and  records  must 
be  kept.  All  accounts  shall  be  kept  in  the  form  prescribed  by 
the  *  Supervisor  of  Public  Accounts ;  that  any  failure  of  any 
officer  or  employee  to  furnish  the  Supervisor  of  Public  Accounts 
with  any  information  requested  shall  immediately  report  to  the 


44 

Governor  of  the  .State,  who  will  take  sucli  action  as  he  may  deem 
proper.  The  Supervisor  of  Public  Accounts  is  authorized  to 
administer  oaths  and  the  Assistant  Supervisor  of  Public  Ac- 
counts when  acting  under  instructions  of  the  Supervisor  of  Pub- 
lic Accounts  shall  have  the  same  power  and  authority  as  is 
granted  under  this  Act  to  the  Supervisor  of  Public  Accounts, 
except  in  the  matter  of  administering  oaths. 

(Reports   Filed    by   Supervisor;     Duty   of   School    Board    Treasurer,   S.   7, 
A.  25,  '10.) 

The  Supervisor  of  Public  Acounts  shall  make  all  reports 
of  his  examination  in  duplicate,  one  to  be  filed  with  the  Gover- 
nor and  one  in  the  office  investigated,  unless  otherwise  provided 
in  this  Act;  if  the  report  of  any  examination  discloses  any  vio- 
lation by  any  public  officer  or  employee,  the  Supervisor  of  Pub- 
lic Accounts  shall  furnish  an  additional  copy  to  the  district 
attorney  of  the  parish  where  said  offense  was  committed.  That 
the  Auditor  of  Public  Accounts  shall  furnish  the  Supervisor  of 
Public  Accounts,  in  writing,  whenever  a  tax  collector  is  delin- 
quent, and  every  parish  treasurer  and  every  parish  school  board 
treasurer  shall  notify  the  Supervisor  of  Public  Accounts  when- 
ever any  sheriff  is  delinquent  in  his  settlement. 

(Penalty  for  Neglect  of  Duty,  S.  10,  A.  25,  '10.) 

Section  10.  That  any  public  officer  or  employee  in  an  office 
that  is  subject  to  examination  by  the  Supervisor  of  Public  Ac- 
counts who  wilfully  neglects  or  fails  to  furnish  said  Super- 
visor of  Public  Accounts  with  such  papers,  accounts,  books,  or 
other  documents  which  he  has  the  right  to  inspect  or  audit  un- 
dor  the  terms  of  the  Act,  or  who  shall  wilfully  refuse  or  neg- 
lect to  transmit  to  said  Supervisor  of  Public  Accounts  such 
reports,  statements  or  accounts,  or  other  documents,  upon  request 
as  provided  by  the  terms  of  this  Act,  shall  be  deemed  guilty  of  a 
misdemeanor  in  office  and  shall,  upon  conviction,  suffer  a  fine  of 
not  less  than  twenty-five  dollars,  nor  more  than  five  hundred  dol- 
lars, or  be  imprisoned  not  less  than  ten  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court  having  jurisdiction. 

(Fees  of  Tax  Collectors,  S.  1,  2,  A.  181,  '08.) 

That  for  all  services,  labors  and  duties  performed  by  each 


45 

Sheriff  and  ex-officio  Tax  Collector  throughout  the  State  of 
Louisiana  as  Tax  Collector,  Parish  of  Orleans  excepted,  he  shall 
be  paid  live  per  centum  on  the  first  seventy-five  thousand  dol- 
lars, aggregate  amount  of  all  State,  Parish,  District,  Poll,  and 
other  taxes  and  licenses,  collected  by  him  and  actually  paid  by 
him  into  the  State  and  Parish  Treasury  or  to  the  authority 
designated  by  law  to  receive  the  same;  and  two  per  centum  on 
the  next  forty-five  thousand  dollars,  and  one  per  cent  on  all 
amounts  over  one  hundred  and  twenty  thousand  dollars,  pro- 
vided that  no  Sheriff  and  ex-officio  Tax  Collector  shall  receive 
for  the  collection  of  all  taxes  more  than  eight  thousand  dollars 
per  annum,  provided  further  that  no  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  any  compensation  for  the  collection  of 
special  school  taxes  except  in  parishes  where  the  total  amount  of 
State,  Parish,  Levee  and  Poll  Taxes  and  licenses  collected  do 
not  amount  to  $50,000.  Be  it  further  provided  that  in  parishes 
where  the  collection  of  State,  Parish,  Levee  and  Poll  taxes  and 
licenses  do  not  amount  to  $50,000  the  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  five  per  cent,  on  amount  collected  and 
actually  paid  into  the  State  and  Parish  Treasury  or  to  the  author- 
ity designated  to  receive  the  same. 

The  payment  of  the  compensation  herein  provided  for  the 
Sheriff  and  ex-officio  Tax  Collector  for  the  collection  of  Taxes 
and  Licenses  shall  be  distributed  between  the  State,  Parish. 
School  Board  and  other  taxing  districts  or  divisions  and  licenses 
in  proportion  to  the  amount  of  taxes  and  licenses  received  by 
each. 

ACT    No.    11    OF    1912. 

Be  it  resolved  by  the  House  of  Representatives,  the  Senate 
concurring,  that  the  Registrar  of  the  Land  Office  and  the  Attor- 
ney General  be,  and  they  are  hereby,  directed  to  look  into  the 
matter  of  sixteenth  section  lands  and  school  indemnity  lands  set 
aside  for  the  benefit  of  the  public  schools  of  the  State  of  Louis- 
iana, and  to  prepare  a  statement  which  will  show  all  sixteenth 
sections  and  indemnity  lands  that  were  originally  set  aside  for 
the  benefit  of  the  public  schools  in  the  various  parishes,  what 
lands  have  been  sold,  and  what  was  done  with  the  funds  realized 
from  the  sale  of  such  lands,  and  what  sixteenth  sections  and 


46 

school  indemnity  lands  are  still  owned  by  the  various  parishes 
for  the  benefit  of  the  public  schools,  and  where  located.  Where 
funds  realized  from  the  sale  of  sixteenth  sections  and  school 
indemnity  lands  have  not  been  properly  credited  on  the  State 
Auditor's  books  for  the  benefit  of  the  parishes  entitled  to  them, 
the  Attorney  General  shall  take  the  necessary  action  to  require 
the  State  Auditor  to  make  the  proper  corrections. 

ACT    No.   39    OF    1912. 

Section  1.  The  official  flag  of  Louisiana  shall  be  that  nag 
now  in  general  use,  consisting  of  a  solid  blue  field  with  the  Coat- 
of-Arms  of  the  State,  the  pelican  feeding  its  young,  in  white  in 
the  center,  with  a  ribbon  beneath,  also  in  white,  containing  in 
blue  the  motto  of  the  State,  "Union,  Justice  and  Confidence," 
the  whole  showing  as  below. 

Section  2.  The  said  .State  flag  shall  be  displayed  on  the  State 
House  whenever  the  General  Assembly  is  in.  session  and  on 
public  buildings  throughout  the  State  on  all  legal  holidays  and 
whenever  otherwise  directed  by  the  Governor  or  the  General 
Assembly. 

ACT    No.    69    OF    1912. 

'Section  1.  The  police  juries  of  the  several  parishes  of  the 
State,  under  such  regulations  as  they  may  prescribe  be  and 
are  hereby  authorized  to  appropriate  and  use  from  parish  funds 
any  sum  or  sums  of  money  not  exceeding  altogether  one  thousand 
dollars  per  year  in  aid  of  the  Farmers'  Cooperative  Demonstra- 
tion Work  in  their  respective  parishes  jointly  with  the  agents 
and  representatives  of  the  United  States  Department  of  Agri- 
culture, upon  such  terms  and  conditions  as  may  be  agreed  upon, 
between -the  several  police  juries  and  said  agents  and  represen- 
tatives. 

ACT    No.    118   OF    1912. 

Section  1.  (As  amended  and  re-enacted  by  Act  207  of 
1914.)  That  the  Board  of  Trustees  of  the  Southern  University 
are  hereby  directed  to  sell  all  of  its  present  property,  real  and 
personal  save  and  except  such  personal  property  as  will  be  useful 
or  necessary  for  the  purposes  of  the  Southern  University,  situated 
in  the  Parishes  of  Jefferson  and  Orleans,  State  of  Louisiana,  upon 
such  terms  and  conditions  as  said  Board  of  Trustees  may  deter- 
mine; provided,  that  the  sale  contemplated  by  this  section  shall 


47 

be  first  submitted  to  the  Governor  of  the  State  for  his  approval, 
in  writing,  which  written  approval  shall  be  attached  to  the  Act 
or  Acts  of  Sale  as  authority  to  the  notary  to  pass  the  deed.  The 
proceeds  of  said  sale  shall  be  invested  in  the  manner  and  in  such 
property  as  hereinafter  provided. 

Section  2.  The  said  Board  of  Trustees,  within  a  reasonable 
time  after  the  passage  of  this  Act,  shall  acquire  a  suitable  site 
for  said  Southern  University,  in  the  rural  section  of  the  State, 
and  upon  said  site  erect  appropriate  buildings,  containing  such 
equipment  as,  in  the  judgment  of  the  said  Board  of  Trustees, 
is  necessary  and  proper  for  carrying  on  of  the  said  Southern 
University,  under  the  terms  of  this  Act,  and  under  the  terms 
of  Act  No.  87  of  1880,  that  said  Board  of  Trsutees  shall,  prior 
to  executing  the  deed  of  sale  for  the  property  herein  contem- 
plated to  be  purchased,  submit  the  terms  and  conditions  of  said 
purchase  and  the  location  of  said  property,  to  the  Governor  of  the 
State,  for  his  approval,  and  his  written  approval  of  the  location 
and  the  terms  and  conditions  of  the  purchase,  shall  be  the  author- 
ity to  the  said  Board  of  Trustees,  to  execute  the  deed  of  purchase. 
The  sessions  shall  contniue  in  said  university  and  on  said  farm 
until  the  new  site  of  the  university  is  provided  for  under  the 
provisions  of  this  act. 

Section  3.  In  addition  to  carrying  out  the  University  pur- 
poses set  forth  in  Section  7  of  Act  No.  87,  of  1880,  said  Board  of 
Trustees  shall  have  power  and  it  shall  be  their  duty  to  establish 
a  department  of  said  Southern  University,  which  shall  be  known 
as  "The  Industrial  and  Agricultural  Normal  School;"  that  said 
"Industrial  and  Agricultural  Normal  School"  shall  be  equipped 
in  such  manner  and  provided  with  such  teachers,  so  as  to  in- 
struct persons  of  color,  male  and  female,  to  be  teachers,  so  they 
can  teach  industrial  and  agricultural  subjects  in  schools  for 
youths  of  both  sexes  of  the  colored  race. 

Section  4.  It  shall  be  the  duty  of  the  Board  of  Trustees  of. 
the  Southern  University,  as  soon  as  practicable  after  the  estab- 
lishment of  the  University  upon  the  new  site  contemplated  in 
this  Act,  to  establish  a  department  of  the  University,  which  shall 
be  known  as  "The  Model  Industrial  and  Agricultural  School," 
and  at  least  eight  grades  shall  be  created  in  said  school,  in  which 


48 

to  assign  pupils,  and  said  grades  and  the  course  of  teaching  to  be 
taught  therein,  shall  be  set  forth  in  proper  regulations  to  be 
formulated  by  the  said  Board  of  Trustees,  provided  that  all 
teachers  in  the  said  "Model  Industrial  and  Agricultural  School" 
shall  be  persons  of  the  colored  race. 

•Section  5.  The  said  Board  of  Trustees  shall  be  empowered 
to  enact  general  rules  and  by-laws  for  the  said  University  in  all 
its  departments,  whether  said  departments  appertain  to  indus- 
trial and  agricultural  subjects  or  to  the  arts  and  letters,  and 
to  elect  a  President  of  the  Faculty,  the  professors  and  teachers 
and  determine  their  compensation ;  also  all  officers  and  employees 
that  may  be  necessary,  and  prescribe  their  duties  and  compensa- 
tion ;  providing  that  the  President  of  the  Faculty,  the  professors, 
teachers  and  all  other  employees  except  only  the  Board  of  Trus- 
tees, themselves,  shall  be  persons  of  the  colored  race.  All  mem- 
bers of  the  Board  of  Trustees  shall  be  of  the  white  race,  and  the 
Board  shall  consist  of  one  member  from  ea^h  of  the  Congressional 
Districts,  appointed  for  a  term  of  four  years,  by  the  Governor  of 
the  State,  and  the  State  Superintendent  of  Public  Education  and 
the  Governor,  the  Governor  to  be  Chairman  of  the  Board. 
('Southern  University  is  now  located  on  a  farm  of  500  acres  at 
Scotland,  four  miles  north  of  Baton  Rouge.) 

ACT    No.   123    OF    1912. 

Section  1.  That  the  Register  of  the  State  Land  Office  be  and 
is  hereby  authorized,  when  it  is  made  to  appear  from  the  records 
of  his  office  and  such  other  evidence  as  he  may  require,  that  a 
township  has  not  received  from  the  State  the  school  indemnity 
lands',  to  which  it  is  entitled,  to  issue  a  warrant  in  the  name  of 
the  President  of  the  School  Board  of  the  Parish  in  which  the 
said  township  is  located  for  the  number  of  acres  due  the  said 
township. 

Section  2.  The  warrants  issued  under  Section  One  of  the 
provisions  of  this  act  shall  be  assignable  by  the  School  Board  for 
not  less  than  $5.00  per  acre,  and  that  the  said  warrants  shall 
be  locatable  upon  any  vacant  State  lands  subject  to  entry. 

Section  3.  On  the  location  of  the  warrants  authorized  by 
this  Act  a  patent  shall  issue,  as  required  by  existing  law,  in  the 


49 

name  of  the  locator  for  the  amount  of  land  specified  in  such 
warrant. 

ACT    No.    145   OF    1912. 

Section  1.  The  police  juries  of  the  several  parishes  of  this 
State  are  empowered  to  acquire  the  ownership  of  a  tract  of  land 
and  when  so  acquired  the  title  to  the  same  shall  rest  in  the 
public;  provided,  however,  in  those  parishes  having  large  areas 
of  diiferent  classes  of  soil  are  empowered  under  this  act  to  ac- 
quire tracts  as  aforesaid  representative  of  the  several  classes  of 
soil  that  predominate  in  the  particular  parish. 

Section  2.  The  tracts  of  land  so  acquired  are  to  be  consti- 
tuted Parish  Experimental  Farms  and  the  parish  is  to  improve 
said  property  so  that  it  may  be7  worked  by  the  parish  in  accord- 
ance with  plans  to  be  suggested  by  the  State  and  United  States 
Agricultural  Departments,  provided  that  the  police  juries  of  the 
said  parishes  may  utilize  in  the  working  of  the  same  its  parish 
prisoners. 

Section  3.  The  Parish  Experimental  Farms  provided  for 
by  this  act  are  established  for  the  purpose  of  demonstrating  the 
possibilities  of  the  soil  in  the  respective  parishes,  and  in  every 
way  to  disseminate  a  scientific  knowledge  of  agriculture,  and  in 
consequence  the  work  and  results  so  obtained  on  the  Parish  Ex- 
perimental Farms  are  to  be  open  to  the  inspection  and  study 
of  the  public  at  stated  times. 

Section  4.  With  a  view  of  stimulating  a  friendly  rivalry 
as  to  the  most  successful  results  obtained  upon  the  said  Parish 
Experimental  Farms,  it  is  further  provided  that  a  selection  of 
the  best  results  of  each  year's  work  upon  said  Parish  Experi- 
mental Farms  may  be  assembled  and  exhibited  annually  at  the 
State  Fair  in  the  building  owned  and  set  apart  by  the  State  as 
an  Agricultural  Hall  at  the  State  Fair  of  Louisiana. 

Section  5.  The  Police  Juries  are  empowered  to  make  pro- 
vision in  their  budgets  for  the  carrying  out  of  this  act  at  the 
earliest  practicable  time  that  the  finances  of  each  parish  will 
permit. 

ACT    No.    151    OF    1912. 

Section  1.  Act  No.  168  of  the  Acts  of  the  General  Assembly 
of  the  State  of  Louisiana  for  the  year  1894,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 


50 

That  whenever  a  sixteenth  section  donated  to  the  State  of 
Louisiana  by  an  act  of  Congress  for  school  purposes  is  located 
in  a  township  not  habitable  by  reason  of  said  township  being 
swamp  or  sea  marsh,  the  Board  of  School  Directors  may,  upon 
the  petition  of  the  land  owners  owning  in  area  more  than  one- 
half  of  the  land  in  the  township,  order  the  sale  of  such  sixteenth 
section  by  resolution  or  motion  passed  by  a  majority  of  the  mem- 
bers of  such  board  present  and  voting. 

Section  2.  When  a  sale  of  a  sixteenth  section  is  ordered 
as  authorized  in  the  first  section  of  this  act,  the  same  shall  be 
made  by  the  Parish  Treasurer  of  the  Parish  in  which  the  six- 
teenth section  is  located,  in  person  or  by  the  sheriff  or  any  auc- 
tioneer of  the  parish,  designated  by  him.  Said  sale,  however, 
shall  be  made  only  after  the  same  has  been  advertised  for  thirty 
days  in  a  newspaper  published  in  the  parish  where  the  property 
is  located ;  and  where  no  newspaper  is  published  in  the  parish, 
then,  by  posting  a  written  or  printed  notice  for  thirty  days  at  or 
near  the  front  door  of  the  courthouse  in  the  parish  where  the 
property  is  situated  and  at  two  other  public  places  in  such  parish. 
On  the  day  named  in  the  advertisement,  the  said  section  shall  be 
sold  as  a  whole  or  in  lots  of  not  less  than  forty  acres,  at  the  prin- 
cipal front  door  of  the  courthouse  of  the  parish  in  which  the 
property  is  situated,  between  the  hours  of  Eleven  0  'Clock  A.  M. 
and  Four  0 'Clock  P.  M.,  with  appraisement,  to  the  last  and 
highest  bidder  and  without  a  prior  survey  of  the  property  and 
upon  the  following  terms  and  conditions:  One-tenth  (1-10)  or 
more  in  cash  at  the  option  of  the  purchaser,  and  the  remainder,  if 
any,  in  nine  (9)  equal  annual  installments,  bearing  eight  (8  per 
cent)  per  cent  interest  per  annum  from  date  interest  payable 
annually  and  the  deeds  shall  contain  the  usual  security  clauses 
and  a  stipulation  to  pay  ten  (10)  per  cent  attorney's  fees  in  the 
event  the  services  of  an  attorney  are  secured  for  the  purpose  of 
collecting  same. 

Section  3.  That  the  deed  of  the  Parish  Treasurer  shall  be 
full  and  complete  evidence  of  the  sale  and  shall  convey  a  good 
and  valid  title  to  the  property  sold  and  have  all  the  force  and 
effect  of  a  notarial  act;  and  all  moneys  or  notes  received  under 
and  by  virtue  of  such  sale  shall  be  disposed  of  by  him  in  the 
manner  now  required  by  law. 


51 

ACT    No.   205   OF    1912. 

Section  1.  That  after  the  expiration  of  existing  contracts, 
all  funds  of  the  State  of  Louisiana  and  of  all  parishes  and 
municipalities  thereof  and  of  all  public  boards,  commissions  and 
bodies  created  by  or  under  the  authority  of  the  State  or  of  any 
parish  or  municipality  thereof,  shall  be  deposited  daily,  when- 
ever practicable,  in  the  fiscal  agency  or  agencies  hereinafter 
provided  for,  upon  the  terms  and  conditions  and  in  the  manner 
hereinafter  set  forth.  Such  deposits  shall  be  made  in  the  name 
of  the  State  or  of  the  parish,  municipality,  board,  commission 
or  body  authorized  by  law  to  have  the  custody  of  and  control 
over  the  disbursements  of  the  same. 

Section  2.  That  the  fiscal  agency  or  agencies  with  whom 
such  funds  shall  be  deposited  shall  be  such  bank  or  banks  organ- 
ized under  the  laws  of  the  State  of  Louisiana  or  of  the  United 
States  and  domiciled  in  this  State,  as  may  be  selected  by  the 
Board  of  Liquidation  or  by  the  proper  authority  of  the  parish, 
municipality,  commission  or  other  body  created  by  or  under 
authority  of  the  State  or  of  any  parish  or  municipality  thereof, 
as  the  case  may  be;  such  bank  or  banks  so  selected  to  give  se- 
curity for  the  safekeeping  and  payment  of  such  deposits  and 
to  pay  interest  and  perform  other  services  for  the  State  of  Louis- 
iana as  and  in  the  manner  hereinafter  provided. 

Section  3.  (1)  That  all  funds  belonging  to  or  received  in  be- 
half of  the  State  of  Louisiana  by  the  State  Treasurer  shall  be  de- 
posited by  the  Board  of  Liquidation  of  the  State  Debt  one-half 
thereof  in  one  or  more  banks  in  the  City  of  New  Orleans,  and  the 
remainder  in  one  or  more  banks  in  each  of  the  Congressional  Dis- 
tricts in  the  State  exclusive  of  the  first  and  second  districts,  pro- 
vided, that  there  shall  be  as  near  as  practicable  an  equal  amount 
deposited  in  each  district,  which  banks  shall  be  the  fiscal  agents 
of  the  State  of  Louisiana  and  are  hereinafter  referred  to  as  such. 

(2)  That  all  funds  belonging  to  the  State  received  by  and  in 
the  hands  of  sheriffs  and  tax  collectors,  pending  their  transmis- 
sion to  the  'State  Treasurer,  shall  be  deposited  by  the  receiving 
officer  daily,  whenever  practicable,  with  the  bank  or  banks  domi- 
ciled in  the  parish  where  said  funds  are  collected,  which  shall 
have  been  selected  in  the  manner  hereinafter  provided,  as  the 


52 

fiscal  agency  or  agencies,  either  of  the  State  or  of  the  particular 
parish.  When  such  funds  have  been  collected  in  parishes  in 
which  no  banks  are  domiciled,  the  same  shall  be  deposited,  in 
accordance  with  the  provisions  of  this  act,  in  a  bank  which  shall 
have  been  selected  as  the  fiscal  agent  of  the  State,  located  in 
the  parish  nearest  to  the  one  in  which  such  funds  have  been  col- 
lected. When  such  funds  thus  deposited  are  transferred  by 
the  sheriff  and  tax  collectors  to  the  State  Treasurer,  the  bank 
or  banks  in  which  the  same  shall  have  been  deposited  shall  make 
the  transfer  in  currency  or  in  New  Orleans  exchange  without 
charge. 

(3)  That  all  funds  belonging  to  or  received  by  any  parish, 
municipality,   school  board,   drainage   or  sub-drainage  district, 
public  board,  commission  or  body  created  by  special  or  general 
act  of  the  General  Assembly  of  the  State  of  Louisiana,  not  re- 
quired under  existing  laws  to  be  held  in  the  custody  or  pos- 
session of  the  State  Treasurer,  shall  be  deposited  by  the  police 
jury,  municipal  council,  commissioners,  or  other  proper  author- 
ity, as  the  case  may  be,  in  such  bank  or  banks  in  the  State  of 
Louisiana  as  shall  have  been  selected,  in  the  manner  hereinafter 
provided,  as  the  fiscal  agency  of  the  depositing  authority,  prefer- 
ably in  one  or  more  banks  located  within  the  parish  or  municipal- 
ity from  which  said  funds  have  been  collected, — subject,  however, 
to  the  exception  contained  in  Section  No.  8  of  this  Act. 

(4)  That  all  funds  belonging  to  or  received  by  any  board, 
commission  or  body  created  or  controlled  by  any  parochial  or 
municipal  government  shall  be  deposited  in  the  bank  or  banks 
previously  selected  as  the  depository  of  such  parish  and  mu- 
nicipality;  and  any  interest  earned  thereon  shall  belong  to  the 
parish  and  municipality  creating  the  said  board,  commission  or 
body. 

Section  4.  That  the  conditions  under  which  the  funds  of  the 
State  of  Louisiana  and  all  parishes  and  municipalities  thereof, 
and  all  public  boards,  commissioners  and  bodies  created  by  or 
under  the  authority  of  the  State  or  of  any  parish  or  municipality 
thereof,  shall  be  deposited,  are  as  follows : 

( 1 )  That  all  public  moneys  in  charge  of  such  authorities  shall 
be  let  by  the  depositing  authority  to  the  bidder  or  bidders  in 


53 

the  City  of  New  Orleans  and  in  the  respective  congressional 
districts  as  provided  in  paragraph  1  of  Section  3  of  this  act, 
offering  the  highest  rate  of  interest  for  all  or  any  part  of  the 
funds  of  such  authority  consistent  with  the  safekeeping  and 
prompt  return  thereof,  and  no  bid  shall  be  accepted  providing 
for  a  lower  rate  of  interest,  on  such  deposits,  than  3%  per  annum. 

(2)  No  amount  in  excess  of  the  capital  stock  and  surplus  of 
such  bank  shall  be  deposited  in  any  one  bank  by  one  authority. 

(3)  No  bank  shall  be  eligible  to  receive  the  deposits  of  any 
public  funds  which  shall  not  have  accompanied  its  bid  for  such 
deposit  with  a  sworn  statement  of  its  condition,  as  shown  by  its 
books  on  the  first  day  of  the  month  previous  to  its  filing  its  bids 
for  such  deposits. 

(4)  All  banks  selected  as  fiscal  agencies  or  depositories  for 
the  deposit  of  funds  belonging  to  the  State  of  Louisiana  shall  be 
required  to  lend  to  the  State  of  Louisiana  such  sums  as  the  State 
shall  have  been  authorized  to  borrow,  up  to  the  amount  of  the 
deposit  then  held  by  such  bank  at  the  same  rate  of  interest  as 
the  deposit  bears;  and  shall  be  further  required  to  carry  the 
coupons  of  the  funded  debt  of  the  State  of  Louisiana,  and  to 
cash  without  charge  and  to  receive  on  deposit  at  par  all  checks 
drawn  by  or  in  favor  of  the  State  of  Louisiana  upon  whatsoever 
point  the  same  may  be  drawn,  and  shall  be  further  required  to 
lend  their  aid  to  the  Board  of  Liquidation  in  refunding  the  bond- 
ed indebtedness  of  the  State  without  extra  charge,  all  as  a  part 
of  the  consideration  for  receiving  the  State's  deposits. 

(5)  All  parishes  and  municipalities  of  the  State  of  Louisiana 
and  all  public  boards,   commissions   and  bodies  created  by  or 
under  authority  of  the  State,  or  of  any  parish  or  municipality 
thereof,  shall  require  of  the  bank  or  banks  selected  as  its  or  their 
depositories,  in  addition  to  the  payment  of  interest,  to  lend  to 
such  board  or  authority,  when  the  same  have  been  legally  author- 
ized to  borrow,  an  amount  equal  to  the  average  deposits  which 
it  may  have  kept  in  such  bank,  at  the  same  rate  of  interest  as  its 
deposit  bears ;  and  shall  further  cash  without  charge  and  receive 
on  deposit  at  par,  all  checks  drawn  by  or  in  favor  of  the  deposit- 
ing authority  on  whatsoever  point  the  same  may  be  drawn. 


54 

Section  5. 

(1)  That  the  Board  of  Liquidation  of  the  State  of  Louisiana 
and  all  parishes  and  municipalities  thereof,  and  all  public  boards, 
commissions  and  bodies  created  by  or  under  authority  of  the 
State  or  of  any  parish  or  municipality  thereof,  shall  require  as 
security  for  deposits  made  by  them,  the  bonds  of  the  United 
States  of  America,  or  of  any  colonial  possession  thereof,  or  un- 
matured  bonds  of  the  State  of  Louisiana  or  of  any  legally  organ- 
ized subdivision  or  board  thereof,  which  shall  not  have  been  in 
default  of  interest  for  a  period  of  six  months;  the  valuation  at 
which  such  bonds  shall  be  accepted  as  security  to  be  subject  to 
the  discretion  of  the  iState  Treasurer,  or  the  authority  letting 
such  deposits.  The  bonds  so  furnished  as  security  shall  be  de- 
posited with  the  State  Treasurer  or  with  the  treasurer  of  the 
authority  letting  such  deposits,  who  shall  receipt  therefor  to  the 
depositing  bank.  The  amount  of  said  security  shall  be  equal 
to  the  average  amount  of  the  deposits  of  the  State 'of  Louisiana 
or  the  other  depositing  authority  as  the  case  may  be,  as  shown  by 
the  books  of  the  State  or  of  such  other  authority  for  the  previous 
year.-  If  the  said  fund  shall  arise  from  some  subdivisions,  board 
or  commission  which  has  not  previously  had  any  funds  to  deposit, 
the  amount  of  security  to  be  furnished  for  the  first  year  shall 
be  equivalent  to  60%  of  the  amount  of  the  deposits  and  shall 
thereafter  be  equal  to  the  average  amount  of  such  deposit  as 
shown  by  the  books  of  such  sub-division,  board  or  commission 
as  hereinabove  provided. 

(2)  The  fiscal  agencies  and  depository  bank  may,  at  their 
option  in  lieu  of  depositing  bonds  as  provided  in  the  preceding 
paragraph,  furnish  the  indemnity  bond  of  a  duly  authorized 
surety  company  conditioned  for  the  safekeeping  and  return  of 
such  deposits  and  the  payment  of  the  interest  thereon,  in  a  sum 
equal  to  the  average  amount  of  deposits  determined  as  herein- 
before provided,  provided  that  no  surety  company  shall  be  ac- 
cepted as  surety  on  any  bond  for  any  one  bank  for  a  greater 
sum  than  10  p.  c.  of  the  capital  and  surplus  of  such  surety  com- 
pany; and  provided  further  that  such  bank  or  banks  as  afore- 
said for 'part  of  the  security  required  of  them  and  give  indemnity 
bond  for  the  balance  in  such  proportion  as  it  or  they  may  see  fit. 


Section  G.  That  tlie  Board  of  Liquidation  of  the  State  of 
Louisiana,  and  the  proper  authority  of  all  parishes,  municipali- 
ties, boards  and  commissions  thereof,  shall,  thirty  days  before  the 
expiration  of  existing  contracts  entered  into  according  to  the 
present  law,  being  Act  316  of  the  General  Assembly  of  1910,  and 
biennially  thereafter,  cause  to  be  printed  a  circular  letter,  setting 
forth  the  intention  of  the  Board  of  Liquidation  or  of  the  proper 
authority  in  the  particular  case,  to  select,  at  a  specified  time 
stated  therein,  its  fiscal  agencies  and  depository  bank  or  banks. 
One  copy  of  such  circular  shall  be  mailed  to  each  of  the  banks 
domiciled  in  this  State  and  shall  be  published  in  one  or  more 
newspapers  located  in  the  City  of  New  Orleans  and  in  the  parish 
or  municipality  in  which  the  depositing  authority  is  domiciled, 
and  a  copy  shall  be  deposited  with  the  Governor,  together  with  a 
list  of  the  banks  to  which  the  circular  has  been  sent.  Such  cir- 
cular shall  invite  bids  for  deposits  subject  to  the  terms  of  this 
act. 

Section  7.  That  it  shall  be  the  duty  of  the  Board  of  Liquida- 
tion and  of  all  authorities  having  the  letting  of  the  public  funds 
to  use  all  reasonable  and  proper  means  to  secure  to  the  State  the 
best  terms  and  the  highest  rate  of  interest  consistent  with  the 
safekeeping  and  prompt  repayment  of  the  funds  when  demanded, 
and  to  let  such  funds  to  the  highest  bidder  therefor  consistent 
with  the  safety  of  such  funds. 

Section  8.  That  the  Board  of  Liquidation  of  the  State  of 
Louisiana  and  any  of  the  Boards  or  Commissions  thereof  and  any 
Parish,  School  or  Road  District  and  any  other  authority  having 
the  right  to  deposit  public  funds  which  may  have  bonds  for 
sale  may,  in  order  to  effect  a  prompt  and  satisfactory  sale  of 
such  bonds,  deposit  the  proceeds  of  such  bonds  until  used  and 
the  proceeds  of  the  tax  voted  to  pay  the  interest  and  principal  of 
such  bonds,  and  such  amounts  as  may  be  reserved  for  the  sinking 
fund  required  by  such  bonds,  in  any  "bank  or  banks  located  in 
the  State  of  Louisiana  which  may  purchase  the  said  bonds,  upon 
such  terms  and  conditions  including  security  as  may  be  mutually 
agreed  upon  as  a  condition  of,  and  part  of  the  consideration  for 
the  purchase  of  such  bonds;  provided  the  distribution  of  the 
balance  of  the  State 's  funds  as  provided  in  Section  3  paragraph  1 
of  this  Act  shall  not  be  changed. 


56 

Section  9.  That  all  funds  deposited  in  the  registry  of  any 
court  or  coming  into  the  hands  of  the  Clerk  of  Court  or  sheriff 
in  any  judicial  proceedings  and  not  belonging  to  such  officer, 
shall  be  deposited  in  the  bank  or  banks  previously  selected  by 
the  Police  Jury  of  the  Parish  as  the  fiscal  agent  of  the  Parish 
and  at  the  same  rate  of  interest  paid  to  the  Parish,  subject  how- 
ever to  any  rule  or  order  of  the  Court,  except  in  the  Parish  of 
Orleans,  where  such  funds  shall  be  subject  to  such  rules  and 
regulations  as  may  be  prescribed  by  the  Judges  of  the  Civil 
District  Court.  The  interest  thus  earned  on  such  deposits  shall 
accrue  to  the  party  or  parties  finally  decreed  to  be  entitled  to 
the  ownership  thereof. 

Section  10.  That  the  interest  to  be  paid  for  the  deposits  of 
the  State  of  Louisiana  and  of  any  parish  or  municipality  thereof, 
and  of  any  public  board,  commission  or  body  created  by  or 
under  authority  of  the  State  or  of  any  parish  and  municipality 
thereof  shall  be  calculated  on  the  daily  balances  as  shown  by 
the  books  of  the  State  Treasurer  or  the  treasurer  of  the  parish, 
municipality  or  board,  as  the  case  may  be,  and  shall  be  paid 
semi-annually  on  the  first  of  January  and  July  of  each  year; 
provided  that  within  the  discretion  of  the  depositing  authority, 
in  a  case  of  emergency  justifying  such  action,  any  fiscal  agency 
may  be  cancelled  without  notice;  and  in  case  of  such  cancella- 
tion, the  authority  shall  proceed  as  in  the  case  of  original  letting 
and  re-let  the  deposit  for  the  unexpired  term  of  the  original 
contract  in  the  manner  and  upon  the  terms  and  conditions  as 
provided  in  this  Act. 

Section  11.  That  where  any  fiscal  agency  or  agencies  shall 
elect  to  deposit  as  security  the  bonds  of  any  political  subdivision 
or  board  of  the  State  such  bonds  shall  be  approved  by  the  depos- 
iting authority  as  sufficient  for  the  indemnity  contemplated  by 
this  Act.  If,  at  any  time,  any  depository  bank  shall  fail  or  sus- 
pend, or  fail  on  due  demand  without  just  cause  to  pay  any  funds 
deposited  with  it,  the  State  Treasurer,  on  the  direction  of  the 
Governor,  or  the  other  fiscal  officer  with  whom  bonds  may  have 
been  deposited  as  security,  on  the  direction  of  the  authority 
which  made  such  letting,  shall  forthwith,  after  ten  days'  adver- 
tisement in  any  newspaper  or  newspapers,  published  at  the  domi- 


57 

cile  of  said  authority,  sell  such  bonds,  or  a  sufficient  amount 
thereof  to  coyer  the  deposit  and  accrued  interest  thereon,  by 
auction  on  the  floor  of  the  New  Orleans  Stock  Exchange.  In 
case  any  surety  company  given  as  surety  shall  fail,  cease  to  do 
business  in  this  State,  or  liquidate,  new  security  shall  be  sub- 
stituted within  ten  days  from,  demand,  else  the  agency  for  such 
deposit  shall,  ipso  facto,  terminate  and  reletting  of  said  deposits 
shall  be  made  in  accordance  with  the  terms  of  this  Act.  In  case 
of  any  default  on  the  part  of  any  fiscal  agency  or  depository  as 
aforesaid,  when  a  surety  bond  has  been  given  as  surety,  and  the 
said  surety  company  shall  have  failed,  within  thirty  days  after 
demand  upon  it,  to .  pay  the  amount  of  such  deposit  with  the 
accrued  interest  thereon,  the  State  Treasurer,  by  direction  of  the 
Governor,  or  the  fiscal  officer  on  the  direction  of  the  authority 
that  let  such  deposits  as  the  case  may  be,  shall  institute  suit  in 
the  name  of  the  State,  or  of  the  proper  authority  as  the  case 
may  be,  against  the  principal  of  such  surety,  or  both  of  them,  on 
such  bond  for  the  recovery  of  the  amount  of  such  deposits  and 
accrued  interest  and  a  penalty  of  ten  per-centum  on  the  amount 
so  sued  for,  together  with  costs.  Such  suits  may  be  brought 
at  the  designated  domicile  of  either  the  plaintiff  or  the  defendant. 
In  case  of  any  deficiency  in  amount  recovered  from  the  surety 
company  or  from  the  sale  of  bonds  as  hereinabove  provided,  the 
same  shall  be  secured  by  first  lien  and  privilege  on  all  property 
and  assets  of  said  depository. 

Section  12.  That  if  at  any  time  the  security  furnished  by  a 
fiscal  agency  or  depository  bank  is  not  satisfactory  to  the  Treas- 
urer of  the  State  of  Louisiana,  or  to  the  authority  having  the 
letting  of  such  funds  for  deposit  he  or  it  may  require  such  ad- 
ditional security  to  be  given  as  shall  be  satisfactory  to  him  or  it. 
In  the  event  of  any  bank  failing  to  promptly  comply  with  any 
demands  that  may  be  made  by  the  State  Treasurer  or  the  proper 
authority  in  the  particular  case,  for  additional  or  better  security, 
a  meeting  of  the  Board  of  Liquidation  or  of  the  proper  authority 
entrusted  with  the  letting  of  such  funds  shall  be  forthwith  con- 
vened, and  said  Board  or  authority  shall  forthwith  declare  the 
contract  with  the  said  fiscal  agent  bank  or  depository  as  can- 
celled, and  shall  immediately  proceed  in  the  same  manner  as  in 


58 

the  case  of  original  letting  and  relet  the  deposits  of  such  bank 
for  the  unexpired  term  of  such  agency,  under  the  terms  and 
upon  the  conditions  provided  in  this  Act. 

Section  13.  That  the  State  Treasurer  or  the  Treasurer  of 
any  parish,  municipality,  or  board  shall  not  be  responsible  for 
any  money  or  moneys  deposited  in  the  bank  or  banks  selected  by 
the  Board  of  Liquidation  or  by  the  authority  having  the  right 
to  select  such  depository  under  the  provisions  of  the  act;  but 
the  State  of  .Louisiana  and  the  subdivisions  and  boards  thereof 
shall  be  responsible  for  the  safekeeping  and  returning  of  the 
bonds  deposited  with  them  by  fiscal  agent  banks  and  depositories 
as  security  for  the  deposit  of  State  moneys  and  with  the  pro- 
ceeds arising  from  any  sale  thereof. 

Section  14.  That  any  bank  which  itself  or  any  officer  of 
which  shall  contribute  directly  or  indirectly,  or  cause  to  be  con- 
tributed any  funds  in  aid  of  any  candidate  for  any  office  in  the 
State  of  Louisiana  shall  be  ineligible  to  receive  the  deposits  of 
the  State  of  Louisiana  or  of  any  parish  or  municipality  thereof, 
or  any  public  board,  commission  or  body  created  by  or  under 
authority  of  the  State  or  or  any  of  its  subdivisions ;  and  should 
any  bank  have  been  selected  as  the  fiscal  agent  of  any  such  body 
and  it  should  subsequently  appear  that  it  had  made  or  that  any 
of  its  officers  had  made  or  caused  to  be  made,  directly  or  indi- 
rectly, contributions  to  the  campaign  fund  of  any  candidate 
for  any  office  in  the  State  of  Louisiana,  then  the  selection  of  such 
bank  as  a  fiscal  agent  shall  "ipso  facto"  terminate,  and  the 
proper  authorities  shall  immediately  proceed  in  the  same  man- 
ner as  in  the  case  of  original  letting  and  re-let  the  deposits  of 
such  bank  for  the  unexpired  term  of  such  agency  under  the  terms 
and  conditions  provided  in  this  act. 

Section  15.  That  any  officer  of  any  bank  who  shall  be  a 
member  of  any  board  having  the  authority  to  let  public  funds 
of  the  State  of  Louisiana  or  of  any  board  or  subdivision  thereof 
shall  not  be  permitted  to  cast  any  vote  in  the  selection  of  the 
fiscal  agency  or  the  depository  of  the  board  of  which  he  is  a 
member. 

Section  16.  That  nothing  in  this  act  shall  be  construed  as 
abrogating  or  cancelling  any  existing  contract  on  the  part  of  the 


59 

State  of  Louisiana,  or  of  any  parish,  municipality,  board,  com- 
mission, levee  or  drainage  district  or  other  public  body,  all  of 
which  shall  remain  in  full  force  and  effect  until  their  expiration. 
Section  17.  That  all  laws  general  and  special  in  conflict  here- 
with and  especially  Act  No.  316  of  the  acts  of  the  General  As- 
sembly of  1910,  be  and  the  same  are  hereby  repealed. 

ACT    No.  232   OF    1912. 

Section  1.  That  Section  1  of  Act  222  of  the  General  Assembly 
of  the  State  of  Louisiana  of  the  year  1910  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

'Section  1.  From  and  after  October  1,  1910,  every  parent, 
guardian  or  other  person,  residing  within  the  boundaries  of  the 
Parish  of  Orleans,  having  control  or  charge  of  any  child  or  chil- 
dren between  the  ages  of  eight  (8)  and  fourteen  (14)  years, 
inclusive,  shall  send  such  child  or  children  to  a  public,  private, 
denominational,  or  parochial  day  school  each  school  year,  during 
the  time  in  which  the  public  schools  of  the  Parish  of  Orleans 
shall  be  in  session,  under  such  penalty  for  non-compliance  here- 
with as  is  hereinafter  provided.  Said  child  or  children  may  be 
excused  from  such  attendance  by  the  Attendance  or  Truant 
Officers  of  the  Parish,  upon  the  presentation  of  satisfactory  evi- 
dence that  the  bodily  or  mental  condition  of  the  child  or  children 
is  such  as  to  prevent  or  render  inadvisable  attendance  at  school 
or  application  to  study ;  or  that  such  child  or  children  are  being 
instructed  at  home  in  the  common  school  branches,  or  that  the 
child  or  children  have  completed  the  prescribed  elementary  school 
course  of  study,  or  if  the  public  school  facilities  within  twenty 
city  blocks  of  the  home  of  the  child  or  children  are  not  adequate 
to  accommodate  such  child  or  children,  provided,  that  no  excuse 
from  attendance  shall  be  valid  for  more  than  three  months  except 
where  the  child  has  completed  the  elementary  course,  or  if  the 
public  school  facilities  within  twenty  city  blocks  of  the  home  of 
the  child  or  children  are  not  adequate  to  accommodate  such  child 
or  children.  Every  parent,  guardian,  or  person  in  the  Parish  of 
Orleans  having  charge  or  control  of  a  child  between  the  ages  of 
14  and  16  years  who  is  not  regularly  and  lawfully  engaged  for 
at  least  six  hours  each  day  in  some  useful  employment  or  service, 
shall  cause  said  child  to  attend  regularly  some  day  school  accord- 
ing to  the  provisions  of  this  section. 


60 

(Accounts   State  Treasurer  Shall    Keep,   S.   1326,    R.   S.) 

An  account  shall  be  opened  on  the  books  of  the  treasurer,  to 
be  called  the  Current  School  Fund;  such  account  shall  be  charged 
with  the  annual  expenditures  for  the.  public  schools  and  credited 
with  the  net  receipt  for  the  special  taxes  laid  by  the  General 
Assembly  for  the  support  of  the  public  schools,  and  with  the 
receipts  from  such  other  sources  as  may  be  designated  by  law. 

It  shall  be  the  duty  of  the  Auditor,  in  his  annual  report,  to 
present  a  statement  of  the  condition  of  said  fund,  and  an  esti- 
mate of  the  special  tax  needed  for  the  support  of  the  public 
schools  during  the  ensuing  year  beyond  the  receipts  for  said  sup- 
port from  other  sources.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Public  Education  to  furnish  the  Auditor  with  all  in- 
formation he  may  require  for  his  said  report. 

(School   Fund;     How  Applied,  S.  1327,  R.  S.) 

The  Current  School  Fund  shall  be  used  for  the  support  of 
the  public  schools,  and  the  surplus  of  receipts  over  expenditures 
for  any  one  year,  shall  be  appropriated  to  the  support  of  public 
schools  during  the  ensuing  year;  and  the  Act  numbered  224  of 
eighteen  hundred  and  fifty  four,  and  the  Acts  180  and  265  of 
eighteen  hundred  and  fifty-five,  which  direct  said  surplus  to  be 
funded,  be  and  the  same  are  hereby  repealed. 

(Interest  on    United    States   Deposit   Funds,  S.   1328,    R.   S.) 

The  interest  on  the  United  States  deposit  fund  shall  be  appro- 
priated to  the  annual  support  of  the  public  schools,  provided 
by  the  Constitution ;  and  it  shall  be  the  duty  of  the  Auditor  and 
Treasurer  annually  to  transfer  from  the  general  fund  of  the 
treasury  to  the  current  school  fund  the  sum  of  twenty-eight 
thousand  seven  hundred  and  ninety-five  dollars  and  fourteen 
cents,  the  amount  of  said  interest. 

(Special  School  Taxes  Authorized,  S.  1,  A.  256  of  1910.) 

Parishes,  wards,  cities,  towns,  villages,  school  districts,  road 
districts,  drainage  districts  and  sub-drainage  districts  are  de- 
clared to  be  political  sub-divisions  of  the  State,  and  special  taxes 
may  be  levied  and  debt  incurred  and  negotiable  bonds  issued 
therefor  as  hereinafter  provided,  except  that  the  Parish  of  Or- 
leans and  the  City  of  New  Orleans  are  exempted  from  the 


61 

provisions  of  this  Act.  The  governing  authority  of  subdivisions 
herein  defined  shall  be  for  parishes,  wards  and  road  districts 
within  such  parish,  the  Police  Jury  of  the  Parish;  for  cities, 
towns  and  villages,  the  municipal  boards  thereof,  for  drainage 
and  sub-drainage  districts,  the  drainage  commissions  of  the 
drainage  district;  for  school  districts,  the  school  board  of  the 
parish  in  which  they  are  located,  and  when  a  school  district  is 
composed  of  lands  of  more  than  one  Parish,  then  the  school 
board  of  the  parish  which  furnishes  the  territory  in  said  school 
district  carrying  the  highest  assessment. 

(School    Board   Authorized  to   Call    Election  for   Special   Taxes,   S.   2,   A. 

256   of  1910.) 

The  Police  Jury  of  any  parish  acting  for  the  parish,  a  ward 
or  road  district  therein  and  the  governing  authorities  of  any 
other  subdivision  as  herein  denned  shall  have  authority  to  call 
a  special  election  for  the  purpose  of  submitting  to  the  property 
taxpayers  who  are  authorized  to  vote  at  such  election  under  the 
Constitution1  and  laws  of  the  State  of  Louisiana,  a  proposition 
to  levy  a  special  tax  not  to  exceed  the  limit  that  is  now  or  may 
hereafter  be  fixed  by  the  Constitution  of  Louisiana  for  the  pur- 
pose of  giving  additional  aid  to  public  schools,  constructing  or 
purchasing  any  work  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  in  the  subdivision  in 
which  such  tax  is  levied;  and  at  the  same  election,  similarly  called 
and  held,  a  proposition  may  be  submitted  to  the  property  tax- 
payers as  to  whether  or  not  they  will  incur  debt  and  issue  nego- 
tiable bonds  therefor  not  to  exceed  ten  (10  per  cent)  per  centum 
of  the  assessed  value  of  the  property  for  the  subdivision  calling 
said  election,_  to  be  issued  for  the  purpose  of  purchasing  or  con- 
structing works  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  sub-division  levying 
the  tax.  That  such  governing  authority  shall  be  required  to  call 
an  election  for  either  of  the  purposes  above  mentioned  when 
requested  to  do  so  by  the  petition  in  writing  of  one-fourth  of  the 
property  taxpayers  eligible  to  vote  in  said  election. 


62 

(Resolution   Calling  the   Election;     Publication,  S.  3,   A.  256,  '10.) 

In  the  resolution  calling  the  election,  the  rate,  object  and 
purpose  for  which  the  tax  is  to  be  levied  and  the  number  of 
years  it  is  to  run,  must  be  stated.  If  the  proposition  is  to  incur 
debt  and  issue  negotiable  bonds  therefor,  the  object  for  which 
the  debt  is  to  be  incurred,  the  number  of  years  it  is  to  run  and 
the  rate  of  interest  to  be  paid  on  same,  shall  be  stated  in  the 
proposition  submitted  to  the  property  taxpayers.  After  such 
resolution  is  passed,  a  notice  of  said  election  shall  be  given, 
embracing  substantially  all  things  that  are  required  to  be  set 
forth  in  the  resolution,  and  shall  set  forth  further  that  the 
authorities  ordering  the  election  will,  in  open  session  to  be  held 
at  an  hour  and  place  named  in  such  notice,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns,  and  declare  the  result 
of  the  election.  Such  notice  shall  be  advertised  for  thirty  days 
in  a  weekly  newspaper  published  in  the  subdivision  or  parish 
in  which  the  tax  is  proposed  to  be  levied,  and  if  there  is  no 
newspaper  published  in  the  parish,  by  posting  in  three  public 
places  in  the  subdivision  ordering  the  election.  Four  weeks' 
publication  in  a  newspaper  shall  constitute  a .  publication  for 
thirty  days,  provided  thirty  days  intervene  from  the  date  on 
which  the  publication  is  first  inserted  and  the  day  on  which  the 
election  takes  place. 

(Who  Is  Entitled  to  Vote,  S.  4,  A.  256,  '10.) 

The  property  taxpayers,  qualified  as  electors  under  the  Con- 
stitution and  laws  of  this  state,  shall  be  entitled  to  vote  at  such 
elections,  the  qualifications  of  such  taxpayers  as  voters  to  be 
those  of  age,  residence  and  registration  as  voters ;  provided  that 
resident  women  taxpayers  shall  have  the  right  to  vote  at  all 
such  elections  without  registration,  in  person  or  by  their  agents 
authorized  in  writing,  which  written  authorization  shall  be  at- 
tached to  such  agent's  ballots,  respectively;  provided  that,  when- 
ever the  limit  and  boundaries  of  any  municipal  corporation  have 
been  extended  under  the  laws  of  this  State,  and  the  assessment 
roll  that  is  to  include  the  property  in  the  extended  limits  has  not 
already  been  made  for  said  municipal  corporations,  those  who 
have  become  property  taxpayers  for  said  municipal  corporation 
by  the  extension  of  its  limits  and  who  are  qualified  under  the 
Constitution  and  laws  of  this  State  to  vote,  shall  be  permitted 


63 

to  vote  under  this  Act,  and  that  the  assessment  of  the  property 
within  such  municipal  corporation  as  extended  shall,  for  the 
purpose  of  ascertaining  the  assessed  valuation  of  property  herein 
and  for  the  purpose,  of  any  election  under  this  Act,  be  taken 
from  the  last  assessment  roll  of  the  parish. 

(Election    Held    Under    Supervision    and    at    Expense    of    School    Board, 
S.  5,  A.  256,  '10.) 

Such  elections  shall  be  conducted  under  the  supervision  and 
at  the  expense  of  the  subdivision  ordering  the  same,  the  govern- 
ing authority  of  which  shall  appoint  for  each  polling  place  three 
commissioners  and  one  clerk  of  election  (all  of  whom  shall  be 
registered  voters),  designate  the  polling  places,  provide  the  ballot 
boxes,  ballots,  the  necessary  blanks  for  tally  sheets,  lists  of  voters, 
valuation  of  property  and  compiled  statement  of  the  voters  in 
number  and  amount,  and  fix  the  compensation  of  such  election 
officers. 

(Duty  of  Registrar  of  Voters,  S.  6,  A.  26,  '10.) 

It  shall  be  the  duty  of  the  registrar  of  voters  to  furnish  the 
commissioners  appointed  to  hold  such  election  with  the  lists  of 
taxpayers  entitled  to  vote  in  person  or  by  proxy  at  such  elections, 
together  with  the  valuation  of  each  taxpayer 's  property  as  shown 
by  the  assessment  roll  last  made  and  filed  prior  to  each  election ; 
provided  that,  when  any  taxpayer's  name  and  valuation  of  prop- 
erty shall  be  omitted  from  such  list  or  erroneously  entered  there- 
on the  commissioners  of  election  shall  have  authority  to  receive 
affidavits  of  such  taxpayer 's  right  to  vote  and  of  the  proper 
assessed  valuation  of  his  property,  which  affidavit  shall  be  at- 
tached to  such  taxpayer's  ballot. 

(Manner  of  Challenging  Voters,  S.  7,  A.  256,  '10.) 

Whenever  the  vote  of  any  taxpayer  shall  be  challenged,  the 
commissioners  of  election  shall  receive  in  writing  the  grounds 
of  challenge,  signed  by  the  person  or  persons  challenging  such 
vote,  together  with  the  challenged  taxpayer's  statement  of  his 
asserted  right  to  vote,  and  attach  such  challenge  and  statement 
to  his  ballot. 

(Form  of  Ballots,  S.  8,  A.  256,  '10.) 

The  ballots  provided  for  any  election  held  under  the  provi- 
sions of  this  Act  shall  be  of  such  form  as  to  enable  the  voters 


64 

to  vote  in  favor  or  against  the  proposition  submitted,  and  that 
when  more  than  one  proposition'  shall  be  submitted  at  the  same 
time,  they  shall  be  so  submitted  as  to  enable  one  voter  to  vote 
on  each  proposition  separately.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form : 

FOR  THE  LEVYING  OF  A  TAX 


Proposition  to  levy  a 

mill  ^  (Rate) 
tax  on  all  the  property  subject  to  State  taxation  in 
for  the  period 

(Subdivision) 

of for  the  purpose  of 

(Term) 

(Here  state  the  purpose  of  the  tax) 
Taxable  valuation  $ , 


(Signature  of  Voter)  * 


Yes 


No 


NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (  X  )  mark  in  the 
square  after  the  word  ' '  Yes ; "  to  vote  against  it  place  a  similar 
mark  after  the  word  "No." 

FOR  THE  ISSUANCE  OF  BONDS. 


Proposition  to  incur  debt 
to  the  amount  of 

and  issue  bonds  of 

(Subdivision) 
to  run  

(Amount) 
years   bear- 

Yes 

(Term) 

ing  interest  at  the  rate  of  

per  centum  per  annum,  pavable  for 

(Rate) 
the  ...  v.  

(Annually  or  semi-annually)   for 
(Here  state  the  purpose 

the  purpose  of 
of  debt) 

No 

Taxable  valuation  $  

•  , 

Signature  of  Voter 

65 


NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (  X  )  mark  in  the 
square  after  the  word  "Yes;';  to  vote  against  it  place  a  similar 
mark  after  the  word  "No." 

NOTE. — The  voter  must  write  his  name  on  the  back  of  his  ticket. 
(Manner  of  Selecting   Substitute  Commissioners,  etc.,   S.  9,  A.  256,  '10.) 

Whenever  any  commissioner  or  clerk  of  election,  appointed 
as  provided  in  Section  five  of  this  Act  shall  be  unable,  fail,  or 
neglect  to  attend  or  serve  at  the  polling  place  designated  at  the 
hour  fixed  for  the  opening  of  the  polls,  or  within  one  hour  there- 
after, the  commissioner  or  commissioners  present  shall  appoint, 
or  in  the  absence  of  all  the  commissioners  the  voters  present  shall 
elect  the  necessary  number  of  commissioners  and  clerks,  who  shall 
have  the  same  powers,  compensation  and  duties  as  other  commis- 
sioners and  clerks,  to  serve  in  the  place  and  stead  of  such  absent 
or  delinquent  appointees. 

(Oath  of   Election   Officers,  S.  10,  A.  256,  '10.) 

The  commissioners  and  clerks  of  such  elections,  before  open- 
ing the  polls,  shall  be  sworn  to  perform  all  the  duties  incumbent 
on  them  as  such,  the  oath  to  be  taken  before  any  officer  author- 
ized to  administer  oaths,  or  by  the  Clerk  and  each  commissioner 
before  any  other  commissioner,  such  commissioners  of  election 
being  authorized  to  administer  any  oath  and  to  receive  any 
affidavit  provided  for  in  this  Act. 

(Voter's   Name  to  B«   Endorsed  on   Ballot,  S.  11,  A.  256,  '10.) 

Each  voter's  name  shall  be  endorsed  on  his  ballot;  provided 
that  ballots  voted  by  proxy  shall  have  endorsed  thereon  the 
names  of  both  the  taxpayer  and  of  her  proxy. 

NOTE. — Attorney  General  Guion  ruled  that  persons  voting  for  a  special 
school  tax  or  having  to  vote  for  a  proposition  to  fund  taxes  into  bonds  shall 
endorse  their  names  on  the  back  of  the  tickets.  The  voter's  name  and  the 
value  of  his  property  will  appear  on  the  face  of  the  ticket  in  the  blanks  ar- 
ranged for  this  purpose,  but  the  voter's  name  should  also  be  endorsed  on  the 
back  of  the  ticket. 

(Manner  of  Voting,  S.  12,  A.  256,  '10.) 

The  commissioners  of  election  shall  receive  the  ballot  of  each 
voter,  check-  his  name,  or  that  of  his  principal,  on  the  list  of 
voters  furnished  by  the  registrar  as  having  voted,  enter  and 
number  his  name,  or  that  of  his  principal,  on  the  list  of  tax- 


66 

payers  voting,  and  immediately  deposit  his  ballot  in  the  ballot 
box,  reserving  to  each  voter  the  right  to  so  fold  his  ballot  that  it 
shall  not  be  known  at  the  time  of  his  voting  whether  he  has 
voted  in  favor  of  or  against  the  proposition  or  propositions  sub- 
mitted. 

(Time  of  Opening  and   Closing   Polls,  S.  13,  A.  256,  '10.) 

The  polls  of  election  ordered  and  held  under  the  provisions 
of  this  act  shall,  on  the  day  appointed  for  any  such  election,  open 
at  seven  o  'clock  a.  m.  and  remain  open  until  and  not  later  than 
five  o  'clock  p.  m. ;  provided  that  no  election  shall  be  vitiated  by  a 
failure  to  open  the  polls  at  the  time  prescribed  or  by  closing  the 
same  before  the  time  prescribed,  unless,  on  a  contest,  it  be  proven 
that  voters  were  thereby  deprived  of  their  votes  sufficient  in 
number  and  amount  to  have  changed  the  result  of  such  election. 

(Manner  of  Compiling   Votes,  S.  14,  A.  256,  '10.) 

That  immediately  after  the  closing  of  the  polls,  the  commis- 
sioners shall,  in  the  presence  of  the  bystanders  proceed  to  open 
the  ballot  boxes,  count  the  ballots  found  in  the  box  and  check 
same  with  the  list  of  voters  kept,  then  proceed  to  count  the  votes 
in  number  and  amount,  keep  in  duplicate  tally  sheets  showing 
the  votes  in  number  in  favor  of  and  against  the  proposition  or 
propositions  submitted  and  showing  valuation  of  property  in 
favor  of  and  against  same,  make  in  duplicate  compiled  state- 
ments of  the  vote  in  number  and  amount,  both  in  favor  of  and 
against  such  proposition  or  propositions ;  that  after  swearing  to 
the  correctness  of  the  numbered  list  of  voters,  the  duplicate  tally 
sheets  and  duplicate  compiled  statements,  they  shall  deposit  the 
ballots,  the  registrar's  list  of  voters,  the  numbered  list  of  tax- 
payers voting,  one  duplicate  tally  sheet  and  one  duplicate  com- 
piled statement,  in  the  ballot  box,  immediately  seal  up  said  ballot 
box  and,  within  forty-eight  hours  after  the  closing  of  the  polls, 
deliver  said  sealed  ballot  boxes  with  their  contents  to  the  author- 
ities ordering  such  election  and  shall  within  the  same  delay  de- 
liver the  other  duplicate  tally  sheet  and  the  other  duplicate  com- 
piled statement  to  the  Clerk  of  the  District  Court  of  the  parish 
in  which  such  election  has  been  held,  who  shall  file  the  same  in 
his  office. 

If  the  election  commissioners  on  counting  the  ballots  find 


67 

that  they  do  not  correspond  with  the  list  of  voters,  they  shall 
before  counting  the  ballots,  examine  same  for  the  purpose  of 
finding  the  discrepancy;  and  if  it  should  be  found  that  any 
ballots  have  been  duplicated  the  same  shall  be  destroyed,  or  if 
it  is  found  that  the  name  of  the  voter  has  been  omitted  from  the 
list  of  persons  voting,  same  shall  be  added  to  said  list. 

(Returns  Canvassed   by  Governing  Authority,  S.  15,  A.  256,  '10.) 

On  the  day  and  at  the  hour  and  place  named  in  the  notice 
ordering  such  election,  the  authorities  under  whose  orders  such 
election  has  been  held,  shall,  in  public  session,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns  and  declare  the  results 
of  such  election,  which  result  they  shall  thereafter  promulgate 
by  publication  in  one  issue  of  the  official  journal,  or  other  news- 
paper of  the  parish,  where  there  is  no  official  paper,  or  by  post- 
ing where  no  newspaper  is  published. 

(Proces  Verbal    Required,   S.  15,  A.  256,  '10.) 

The  authority  ordering  the  election  shall  keep  a  proces  verbal 
of  the  manner  in  which  the  ballot  boxes  have  been  opened,  the 
returns  canvassed  and  the  result  of  the  election  ascertained  and 
shall  forward  a  copy  of  said  proces  verbal  to  the  Secretary  of 
State,  who  shall  record  the  same,  another  copy  to  the  Clerk  of 
the  District  Court  who  shall  also  record  said  copy  in  the  mort- 
gage records  of  the  parish,  and  the  remaining  copy  shall  be  re- 
tained in  the  archives  of  the  office  of  the  authority  ordering  the 
election. 

(Returns   Kept  Three  Months,  S.  16,  A.  256,  '10.) 

The  custodian  of  the  archives  or  records  of  the  authority 
ordering  such  election  shall  preserve,  for  the  term  of  three 
months  from  the  date  of  promulgation  of  such  election  the 
ballots  and  other  returns  thereof. 

(Election   Incontestible  After  Sixty  Days,  S.  17,  A.  256,  '10.) 

For  a  period  of  sixty  days  from  the  date  of  the  promulgation 
of  the  result  of  any  such  election,  any  person  in  interest  shall 
have  the  right  to  contest  the  legality  of  such  election  for  any 
cause;  after  which  time  no  one  shall  have  any  cause  of  action 
to  contest  the  regularity,  formality,  or  legality  of  said  election 


68 

for  any  cause  whatever.  If  the  validity  of  any  election  held 
under  the  provisions  of  this  Act  is  not  raised  within  sixty  days 
herein  prescribed,  then  no  governing  authority  of  any  sub- 
division herein  named,  required  to  levy  a  tax  or  issue  bonds 
as  authorized  at  an  election  or -under  this  Act,  shall  be  permitted 
to  refuse  to  perform  that  duty  and  urge  as  an  excuse  or  reason 
therefor,  that  some  provision  of  the  Constitution  or  law  of 
Louisiana  has  not  been  complied  with,  but  it  shall  be  conclusively 
presumed  that  every  legal  requirement  has  been  complied  with, 
and  no  court  shall  have  authority  to  inquire  into  such  matters 
after  the  lapse  of  sixty  days  as  herein  provided. 

(Majority   in    Number  and   Amount    Necessary  to   Carry   an    Election,  S. 
18,  A.  256,  '10.) 

Any  proposition  submitted  by  the  governing  authority  of  any 
subdivision  as  herein  authorized  either  for  the  purpose  of  levying 
a  tax,  incurring  a  debt,  or  issuing  bonds,  must  be  voted  for  by  a 
majority  in  number  and  amount  of  the  property  taxpayers,  quali- 
fied as  electors  under  the  Constitution  and  laws  of  this  State, 
voting  at  an  election  held  for  that  purpose  as  herein  provided, 
before  any  such  tax  shall  be  levied,  or  before  any  debt  shall  be 
incurred  or  bonds  issued. 

(Duty  of  Governing   Authority  to   Levy  and   Assess  Special   Tax,  S.   19, 
A.  256,  '10.) 

Tn  the  event  that  any  election  ordered  and  held  as  aforesaid 
shall  result  in  favor  of  the  proposition  to  levy  and  assess  special 
taxes  upon  the  property  subject  to  taxation  in  the  Subdivision, 
the  Police  Jury  for  the  Parish,  Ward  or  Road  District  and  the 
Governing  Authorit}7  of  any  other  Subdivision  named  herein 
shall,  after  the  promulgation  of  the  result  of  such  election  and 
pursuant  to  the  terms  of  the  proposition  submitted  levy  and 
assess  the  said  special  taxes  on  such  property. 

(Tax   No*  to   Exceed   Constitutional    Limitation.) 

Provided  that  the  total  rate  of  taxation  so  imposed  shall  not 
exceed  the  Constitutional  limit,  nor  shall  such  tax  run  for  a 
greater  number  of  years  than  the  number  named  in  the  proposi- 
tion submitted,  nor  be  imposed  for  any  other  purpose  than  that 
named  in  such  proposition. 


69 

(Bonds;     Regulations  for  Same,  S.  20,  A.  256,  '10.) 

in  the  event  that  any  election  ordered  and  held  for  the  pur- 
pose of  incurring1  debt  and  issuing  negotiable  bonds  therefor 
shall  result  in  favor  of  the  proposition,  the  Police  Juries  for  their 
respective  Parishes,  Wards  or  Koad  Districts  and  the  governing 
authorities  of  all  other  Subdivisions  shall,  after  the  promulgation 
of  the  result  of  such  election  and  pursuant  to  the  terms  of  the 
proposition  submitted,  by  resolution  incur  the  debt  and  issue 
negotiable  bonds  therefor,  to  be  signed  by  the  President  or  Chair- 
man and  Secretary  of  the  authority  issuing  the  bonds,  provided 
the  bonds  shall  be  issued  for  no  other  purpose  than  that  stated 
in  the  submission  of  the  proposition  to  the  property  taxpayers, 
nor  for  a  greater  amount  than  therein  mentioned,  nor  for  any 
other  purpose  than  the  purpose  set  forth  in  the  proposition  sub- 
mitted to  the  property  taxpayers  and  as  authorized  by  the  Con- 
stitution of  the  State,  nor  run  for  a  longer  time  than  that  named 
in  the  proposition  not  exceeding  forty  years  nor  bear  a  greater 
rate  of  interest  than  five  (5)  per  centum  per  annum,  payable 
annually,  nor  issued  for  a  greater  amount  than  ten  per  centum 
of  the  assessed  value  of  the  subdivision,  including  any  prior  bond 
issue  nor  be  sold  by  the  authorities  issuing  same  for  less  than  par. 

(Collection   of  Taxes   Governed    by   General    Laws,   S.  23,  A.  256,  '10.) 

All  the  articles  and  provisions  of  the  Constitution  of  1898  and 
all  the  laws  in  force  or  that  may  be  hereafter  enacted  regulating 
and  relating  to  the  collection  of  State  taxes  and  tax  sales  shall 
also  apply  to  and  regulate  the  collection  of  the  special  taxes  or 
forced  contribution,  imposed  under  the  provisions  of  this  Act, 
through  the  officer  whose  duty  it  shall  be  to  collect  the  taxes  and 
moneys  due  the  municipal  corporation,  parish,  or  drainage  dis- 
trict, imposing  such  special  taxes,  or  forced  contributions. 

(Proceeds   of   Bonds  a   Trust   Fund   for   Payment  of   Interest   and    Prin- 
cipal of   Bonds,  S.  24,  A.  256,  '10.) 

The  proceeds  of  the  sale  of  all  bonds  issued  under  the  pro- 
visions of  this  Act  shall  constitute  a  trust  fund,  to  be  used  ex- 
clusively for  the  purpose  or  purposes  for  which  said  bonds  are 
authorized  to  be  issued.  That  any  income  derived  from  the 
particular  improvement  purchased  or  constructed,  when,  so  set 
aside  by  resolution  of  the  governing  body  of  the  subdivision, 


70 

shall,  after  the  expense  and  cost  of  maintenance  of  said  improve- 
ments are  paid,  constitute  a  trust  fund  to  be  devoted  to  the  pay- 
ment of  the  interest  on  the  indebtedness  so  contracted,  and  any 
surplus,  after  the  payment  of  such  interest,  shall  be  placed  in 
the  sinking  fund  to  be  used  in  the  extinguishment  of  the  principal 
of  said  obligation  or  bonds  at  maturity. 

(Proceeds  of  Special  Taxes  Collected   a  Trust   Fund,  S.  25,  A.  256,  '10.) 

The  proceeds  of  any  special  tax  which  have  been  voted  for  a 
particular  purpose  as  authorized  by  the  Constitution  and  the 
provisions  of  this  Act  shall  constitute  a  trust  fund  to  be  used 
exclusively  for  the  objects  and  purposes  for  which  the  tax  was 
levied  and  shall  from  year  to  year  as  collected  be  kept  separate 
and  used  for  no  other  purpose  than  the  purpose  for  which  the 
said  tax  was  voted. 

(Sinking  Fund  to  Be  Set  Aside,  S.  26,  A.  256,  '10.) 

If  the  bonds  to  be  issued  are  to  be  paid  out  of  funds  realized 
from  a  tax,  an  acreage  tax  or  forced  contribution,  which  tax, 
acreage  tax  or  forced  contribution  is  limited  and  a  fixed  amount 
required  to  be  collected  each  year,  then  the  governing  authority 
issuing  the  bonds  and  levying  the  acreage  tax,  shall,  beginning 
at  a  yearly  period  before  the  maturity  of  such  debt  or  bonds, 
which  period  shall  never  be  less  than  one-fourth  of  the  whole 
term  for  which  said  debt  is  incurred,  or  said  bonds  are  issued,  set 
aside  annually,  from  said  trust  fund  derived  from  said  tax, 
acreage  tax  or  forced  contribution,  a  sinking  fund  for  the  pay- 
ment of  the  principal  of  said  debt,  or  said  bonds,  at  least  one 
fraction  of  the  principal  of  said  debt,  on  said  bonds,  said  frac- 
tion to  be  ascertained  by  dividing  the  principal  of  said  debt  or 
of  said  bonds  by.  the  remaining  number  of  whole  years  before 
the  maturity  of  said  debt  or  bonds;  and  that  the  sinking  fund 
thus  set  aside  shall  he  sacredly  applied  to  the  payment  of  such 
debt  and  such  bonds.  The  time  from  the  commencement  of  the 
provision  of  a  sinking  fund  as  herein  required,  until  the  ma- 
turity of  the  said  debt  or  of  said  bonds  to  be  known  as  the  re- 
demption period. 

(Tax  to  Pay  Principal  and   Interest  Must  Be  Levied   Every  Year,  S.  27, 

A,  256,  MO.) 
The  governing  authority  of  a  Subdivision  incurring  debt  and 


71 

issuing  bonds  as  herein  contemplated,  shall  annually,  at  the  same 
time  that  the  other  taxes  are  levied,  or  at  any  other  time,  in  addi- 
tion to  all  other  taxes  now  authorized  by  the  Constitution  and 
laws  of  the  State  of  Louisiana,  and  in  addition  to  any  special 
tax  that  may  be  levied  at  any  election  called  and  held  for 
that  purpose,  levy  a  tax  sufficient  to  pay  the  interest  and  prin- 
cipal on  said  bonds  becoming  due  the  ensuing  year.  When  a 
period  is  lixed  at  which  such  bonds  shall  begin  to  mature,  the 
total  amount  of  indebtedness  shall  be  divided  among  the  num- 
ber of  years  in  which  payments  are  to  be  made  and  the  prin- 
cipal to  be  paid  each  year,  fixed  at  such  amount  that  when  the 
total  annual  interest  is  added  thereto  the  amount  to  be  paid  each 
year  shall  be  as  nearly  equal  and  uniform  as  possible.  Such  tax 
may  be  levied  and  extended  upon  the  assessment  roll  at  any 
time  prior  to  the  final  collection  of  the  taxes  for  that  particular 
year.  If  the  authority  herein  authorized  to  levy  and  assess  such 
tax  should  fail,  neglect  or  refuse  to  do  so  before  the  completion 
of  the  assessment  rolls,  the  Auditor  of  Public  Accounts  shall  be 
authorized  and  it  shall  be  his  duty  to  name  the  rate  of  such  tax 
and  order  same  extended  upon  the  assessment  rolls  and  collected. 

(Maturity  of   Bonds   Must   Be   Fixed,  S.  28,  A.  256,  '10.) 

Whenever  a  debt  has  been  authorized  to  be  incurred,  the 
governing  authority  issuing  bonds  to  evidence  such  debt  shall 
fix  a  time  certain  at  which  the  bonds  shall  begin  to  mature, 
which  shall  not  be  longer  than  five  years  from  the  date  of  said 
bonds.  After  fixing  such  date,  then  the  governing  authorities 
shall  fix  the  denomination  of  the  bonds  due  each  year  thereafter 
for  an  amount  that  when  the  annual  interest  is  added  thereto 
the  total  amount  to  be  paid,  including  principal  and  interest, 
each  year  shall  be  as  nearly  equal  as  practicable. 

(Bonds  Shall    Be    Registered    by   Secretary  of  State,   S.  31,  A.  256,  '10.) 

All  bonds  issued  by  any  of  the  subdivisions  of  the  State  as 
herein  defined,  shall,  after  the  time  has  elapsed  in  which  the 
validity  of  such  bonds  can  be  contested,  to-wit,  sixty  days  from 
the  date  of  the  promulgation  of  the  result  of  the  election,  in- 
curring the  debt  and  ordering  the  issuing  of  such  bonds,  be  reg- 
istered by  the  Secretary  of  State  and  shall  have  endorsed  thereon 


72 

the  words :   ' '  Tliis  bond  secured  by  a  tax.   Registered  on  this  the 
-  day  of  -  _  19—,"  and  signed  by 

the  Secretary  of  State  with  the  Great  Seal  of  Louisiana  affixed. 

(Election  Officers  Vested  with  Same  Authority  as  in  General   Elections, 
S.  32,  A.  256,  '10.) 

The  commissioners  and  clerks  of  elections  held  under  the 
provisions  of  this  Act  shall  have  the  same  powers  and  duties  in 
conducting  said  elections  and  in  preserving  order  at  the  polls, 
as  are  conferred  and  imposed  upon  such  officers  under  the 
general  election  laws  of  this  State;  and  that  whatever  is  declared 
in  the  general  election  laws  to  be  a  felony,  other  crime,  or  mis- 
demeanor, shall  be  such  for  any  election  held  under  the  pro- 
visions of  this  Act.  and  shall  be  punished  in  the  same  manner; 
that  any  willful  failure  or  neglect  to  comply  with  the  require- 
ments of  this  Act  or  any  willful  violation  of  same,  by  any  officer, 
agent,  or  employee,  of  any  subdivision  herein  defined,  availing 
itself  of  the  provisions  of  this  Act,  shall  be  a  crime  and  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  with  or  without  hard  labor,  or  by  both  such  fine 
or  imprisonment,  at  the  discretion  of  the  court. 

(All    Special    Tax    Elections    Hereafter,    Governed    by    This    Act,    S.   33, 
A.  256,  '10.) 

Nothing  in  this  Act  shall  be  held  or  construed  to  invalidate, 
or  render  illegal  the  acts,  proceedings,  elections,  taxes,  debts, 
bonds,  ordinances,  resolutions,  bids,  agreements,  contracts  or 
obligations,  done,  had,  held,  levied,  authorized  to  be  levied,  in- 
curred, authorized  to  be  incurred,  issued,  authorized  to  be  is- 
sued, adopted,  accepted,  or  entered  into,  pursuant  to  any  article 
of  the  Constitution,  by  any  subdivision  herein  named  (the  City 
of  New  Orleans  excepted)  prior  to  the  passage  of  this  Act; 
that  any  provision  in  the  charter  of  any  municipal  corporation 
of  this  State  (the  City  of  New  Orleans  excepted)  in  conflict  with 
the  provisions  of  this  Act  for  the  immediate  submission  of  the 
proposition  herein  specified  to  the  property  taxpayers  of  said 
corporation  in  an  election  ordered  by  same  under  this  Act  and 
for  the  immediate  levy  of  said  tax  when  duly  authorized,  be 
and  the  same,  insofar  as  it  is  in  conflict  therewith,  is  hereby 
repealed. 


73 

Opinion    of    Attorney    General     Guion    on    Qualifications    of    Voters    in 
Special    School    Tax    Elections. 

1.  A  person  who  may  have  purchased  property  from  another, 
in  whose  name  the  same  was  standing,  may  vote  at  a  special  elec- 
tion, as  the  owner  of  such  property,  although  his  name  does  not 
appear  on  the  assessment  roll,  for  Act  No   ;;56  of  1910  provides, 
in  Section  4,  that  it  is  "  property  taxpayers,  qualified  as  electors 
under  the  Constitution  and  laws  of  this  State ' '  who  may  vote  at 
such  elections. 

The  law  does  not  indicate  that  the  property  should  be  assessed 
in  the  name  of  the  voter,  but  that  he  should  be  the  owner  of  the 
property,  or.  in  other  words,  the  taxpayer  who  offers  to  vote  In 
other  words,  where  property  is  assessed  in  the  name  of  a  certain 
person,  who  sells  the  same,  the  purchaser  may  vote  at  a  special 
tax  election,  the  value  of  such  property,  although  the  property  is 
assessed  in  the  name  of  another. 

2.  A  qualified  voter,  qwning  property,  may  vote  the  same  at 
such  election,  if  registered  as  a  voter  and  if  he  has  paid  his  poll 
taxes,  and  his  signature  may  be  made  by  making  his  ordinary 
mark  attested  by  the  commissioners  of  election. 

3.  The  registration  books  must  close  thirty  days  before  the 
election,  for  Article  213  of  the  Constitution  of  1898  declares  that 
"electors  shall  not  be  registered  within  thirty  days  next  preced- 
ing any  election  at  which  they  may  offer  to  vote." 

(The  above  opinion  was  rendered  August  24,  1911.) 

Opinion    Given    by    Attorney    General     Pleasant    on     Qualifications    of 
Voters    in    Special    School    Tax    Elections. 

MAN. 

1.  Must  be  twenty-one  years  of  age,  or  older,  and  resident  of 
taxing  district. 

2.  Must  be  duly  registered  as  voter  more  than  thirty  days  be- 
fore the  election. 

3.  Must  have  been  assessed,  in  the  taxing  district  to  be  af- 
fected, with  property  the  year  previous  to  the  year  in  which  the 
special  election  is  held. 

4.  Payment  of  necessary  poll  taxes  is  required — that  is.  men 
between  the  ages  of  twenty-one  and  twenty-three  must  have  paid 
all  poll  taxes  assessed  against  them,  and  men  between  the  ages  of 


74 

twenty-three  and  sixty  must  have  paid  poll  taxes  for  and  during 
the  two  years  next  preceding  the  year  in  which  they  offer  to  vote, 
but  men  over  the  age  of  sixty  are  not  required  to  pay  poll  taxes. 

5.  If  residence  has  been  changed  from  precinct  less  than  six 
months  before  the  election,  voter  may  return  and  cast  his  ballot  in 
said  precinct.  If  he  has  lived  in  the  new  precinct  more  than  six 
months,  he  must  change  his  registration  to  the  new  precinct  in 
order  to  vote,  as  he  cannot  vote  in  the  old  precinct. 

G.  A  man  cannot  vote  by  proxy,  neither  can  he  vote  his  prop- 
erty by  proxy,  lie  must  cast  his  ballot  personally  for  himself 
and  for  his  property. 

WOMAN. 

1.  Must  be  twenty-one  years  of  age,  or  older,  and  resident  of 
taxing  district. 

2.  Same  as  paragraph  3,  supra,  with  reference  to  men. 

3.  May  vote  without  registration  or  poll  tax,  and  either  in 
person  or  by  any  agent  authorized  in  writing. 

PROPERTY. 

1.  All  assessed  personal  and  real  property,  located  anywhere 
in  the  taxing  district,  owned  by  voter  in  separate  estate  may  be 
voted  (except  such  as  may  be  indicated  below). 

2.  The  survivor  in  community,  whose  interest  in  the  com- 
munity is  judicially  established  and  assessed,  may  vote  the  prop- 
erty. 

3.  A  resident  taxpayer  owning  shares  of  stock  in  a  bank  with- 
in the  limits  of  a  taxing  district  may  vote  the  property. 

4.  A.  usufructuary  is  not  a  property  taxpayer  with  respect  to 
the  property  subject  to  the  usufruct  and  cannot  vote  the  prop- 
erty. 

5.  Decedents'  estates  cannot  be  voted. 

6.  Joint  owners  of  assessed  property  may  vote,  each  to  the  ex- 
tent of  his  individual  interest,  but  the  property  must  not  be 
owned  by  the  firm  and  in  a  firm  name,  such  as  "  Jones  Bros."  or 
''John  Doe  &  Co;"  but,  if  owned  by  Robert  Jones  and  Edward 
Jones,  for  instance,  the  title  must  so  show,  giving  their  names 
specifically,  in  which  event  it  may  be  voted  as  above  indicated. 
See  112  La.  Eep.?  p.  783. 

7.  Corporations  cannot  vote,  nor  can  the  shares  therein  be 


75 

voted,  except  bank  stock,  as  above  shown  (see  tax  statute  of 
1898).  Neither  can  any  other  kind  of  company  or  association  of 
persons,  as  such,  vote,  nor  will  the  signatures  of  same  give  effect 
to  a  petition  calling  for  an  election. 

See  Constitution,  Art.  197,  et  seq.;  Articles  270  and  281;  Act 
20  of  1898 ;  Act  22  of  1904 ;  Sec.  3  of  Act  145  of  1902 ;  Act  218  of 
1912. 

(Date  of  above  opinion,  May  18,  1914.) 

(Agriculture  and  Home  Economics  to  Be  Taught  in  Schools,  A.  306,  '10.) 

In  addition  to  the  branches  in  which  instruction  is  now  given 
in  the  public  schools  of  the  State  of  Louisiana,  instruction  shall 
also  be  given  in  all  the  elementary  and  secondary  schools  of  the 
State  in  the  principles  of  agriculture  or  hprticulture  and  in  home 
and  farm  economy. 

(Assessing  the  Poll  Tax,  S.  1,  A.  89,  '88.) 

The  Tax  Assessors  throughout  the  State  be  and  they  are  here- 
by required  to  render  to  the  School  Boards  of  their  respective 
parishes,  annually,  by  the  first  Saturday  of  October,  a  complete 
schedule  list,  by  wards,  of  all  persons  liable  to  pay  poll  tax  in 
their  respective  parishes.  If  any  Assessor  fails  to  comply  with 
the  requirements  of  this  Act,  the  failure  shall  be  cause  for  re- 
moval ;  besides,  he  shall  be  subject  to  a  fine  of  $250  for  the  benefit 
of  the  public  schools  in  the  parish  in  which  the  delinquent  officer 
resides,  and  in  which  he  is  the  Assessor.  In  the  City  of  New  Or- 
leans the  Board  of  Assessors  shall  comply  with  the  requirement 
of  this  Act,  and  in  the  event  of  failure,  shall  be  subject  to  dis- 
missal and  penalty  as  before  provided.  (See  Arts.  231  and  252, 
Constitution  of  1898.) 

(Returns  of  Collections,  S.  2,  A.  89,  '88.) 

The  Sheriffs  and  Tax  Collectors  in  their  respective  parishes 
shall  return,  by  the  first  Saturday  of  February,  of  each  and  every 
year,  to  the  School  Boards  of  their  respective  parishes,  a  list  pred- 
icated upon  the  list  mentioned  by  wards,  showing  all  persons  in 
the  parishes,  respectively,  who  have  paid  their  poll  tax,  as  well 
as  persons  who  have  not  paid  the  same,  and  shall  return  their 
reasons  in  writing  and  under  oath,  the  cause  in  each  instance  of 
the  non-payment  of  a  poll  tax,  and  why  they  have  not  collected 
the  tax  not  collected. 


76 

(Penalties,  S.  3,  A.  89,  '88.) 

If  the  said  Sheriff  or  Tax  Collector  fails  to  show  cause  why 
the  said  poll  tax  has  not  been  collected,  he  shall  be  responsible 
for  and  shall  pay  the  poll  taxes  he  has  failed  to  collect,  and  shall 
be  held  liable  with  his  securities  on  his  official  bond  for  the  pay- 
ment of  said  tax. 

(Rules  for   Non-Compliance,  S.  4,  A.  89,  '98.) 

The  Sheriff  can  be  made  to  show  cause  why  the  said  poll  tax 
has  not  boen  collected,  at  chambers,  before  the  district  judge, 
after  service  of  rule  and  three  days  have  elapsed  after  service. 

< Receipt  for  Poll  Tax,  S.  1,  A,  87,  '86.) 

Before  any  persons  serving  as  jurors  or  witnesses  in  criminal 
cases  shall  receive  the  compensation  to  which  they  are  entitled 
for  their  mileage  and  per  diem,  they  shall  exhibit  to  the  clerk  of 
the  court  a  receipt  for  the  poll  tax  or  taxes  due  by  them. 

(Deduction  of  Witnesses'  and  Jurors'  Compensation,  for  Poll  Tax,  S.  2, 
A.  87,  '86.) 

On  their  failure  to  produce  such  receipt  the  clerk  of  court  or 
other  officer,  issuing  certificates  or  warrants  for  their  mileage  and 
per  diem,  shall  issue  certificates  or  warrants  for  amount  less  the 
poll  tax  due;  and  shall  issue  the  certificate  or  warrants  for 
amounts  so  reserved  for  poll  tax,  to  the  treasurer  of  the  school 
board  of  the  parish,  who  shall  collect  same. 

(Report  by  the  Clerk  of  Court,  S.  3,  A.  87,  '86.) 

The  clerk  of  court  or  other  officer,  issuing  such  certificates  or 
warrants,  shall  report  to  the  tax  collector  of  the  parish  the  names 
of  all  persons  from  whom  he  has  reserved  amounts  for  poll  tax, 
and  the  tax  collector  shall  give  such  person  credit  for  such  poll 
tax. 

NOTE. — The  custom  of  some  tax  collectors  of  claiming  and  collecting  com- 
missions for  the  retention  of  polls  by  the  Clerks  of  Court  is  without  foundation 
in  law,  as  the  tax  collector  in  no  sense  collects  the  tax  and  is  entitled  to  no 
commission  thereon. 

(Poll  Tax  Collections  of  Orleans,  S.  1,  A.  56,  '94.) 

The  collections  of  poll  taxes  in  the  Parish  of  Orleans,  together 
wtih  all  the  processes,  commissions  and  obligations  incident  there- 
to as  now  provided  by  law,  are  vested  in  the  treasurer  of  the  City 
of  New  Orleans. 


77 

(Election  on  Sale  of  School  Lands,  S.  2958,  R.  S.) 

It  shall  be  the  duty  of  the  parish  treasurers  of  the  several 
parishes  in  this  State  to  have  taken  the  sense  of  the  inhabitants 
of  the  township,  to  which  they  may  belong,  any  lands  heretofore 
reserved  and  appropriated  by  Congress  for  the  use  of  schools, 
whether  or  not  the  same  shall  be  sold,  and  the  proceeds  invested 
as  authorized  by  an  Act  of  Congress,  approved  February  15, 
1843.  .  *  *  *  Polls  shall  be  opened  and  held  in  each  town- 
ship after  advertisement,  for  thirty  days,  at  three  of  the  most 
public  places  in  the  town,  and  at  the  courthouse  door,  and  the 
sense  of  the  legal  voters  therein  shall  be  taken  within  the  usual 
hours,  and  in  the  usual  manner  of  holding  elections,  which  elec- 
tions shall  be  held  and  votes  received  by  a  member  of  the  parish 
school  board  or  a  justice  of  the  peace ;  and  if  a  majority  of  the 
legal  voters  be  in  favor  of  selling  the  school  lands  therein,  the 
same  may  be  sold,  but  not  otherwise.  The  result  of  all  such  elec- 
tions shall  be  transmitted  to  the  parish  treasurer,  and  by  him  to 
the  State  Superintendents. 

NOTE. — Act  120,  1916,  makes  it  the  duty  of  the  parish  school  boards  to 
take  entire  charge  of  elections  to  authorize  the  sale  of  sixteenth  sections,  and 
to  sell  same  when  authorized  by  the  voters  in  the  townships.  The  parish 
treasurer  no  longer  has  any  connection  with  these  matters. 

(Survey,  S.  2959,   R.  S.) 

Before  making  sale  of  the  school  lands  belonging  to  the  State, 
it  shall  be  the  duty  of  the  parish  treasurer,  or  other  persons 
whose  duty  it  may  become  to  superintend  the  sales,  to  cause  a 
resurvey  of  such  lines  as  from  any  cause  may  have  become  oblit- 
erated or  uncertain ;  and  for  this  purpose  he  is  authorized  to 
employ  the  parish  surveyor,  or  on  his  default,  any  competent 
surveyor ;.  and  the  lines  thus  surveyed  shall  be  marked  in  such 
manner  as  to  enable  those  interested  to  make  a  thorough  exam- 
ination before  sale,  and  all  advertisements  made  for  the  sale  of 
such  lands  shall  contain  a  full  description  thereof  according  to 
the  original  survey  and  that  required  by  this  section.  The  ex- 
penses of  the  survey  shall  ibe  paid  by  the  Auditor  of  Public  Ac- 
counts out  of  the  proceeds  of  the  sale  of  the  lands  on  the  warrant 
of  the  parish  treasurer. 

NOTE. — The  State  is  the  trustee  of  these  lands  or  of  the  proceeds  of  their 
sale  for  the  use  of  the  inhabitants  of  the  township  in  which  they  are  located — 
vide,  Board  of  School  Directors  vs.  Ober,  32  A.  419. 


78 

(Rights   of   Way    May    Be   Granted   to   the    United    States   by   the   School 
Boards,  A.  14,  '08.) 

The  Parish  Board  of  School  Directors  of  any  parish  within 
the  State  shall  have  authority  by  resolution  duly  passed  by  said 
board,  when  in  its  judgment  it  is  to  the  manifest  interest  of  the 
public  in  general,  and  in  order  to  facilitate  the  construction, 
maintenance  and  operation  of  canals,  or  a  portion  of  a  canal,  or 
branch  of  any  canal,  constructed  by  or  under  the  authority  of 
the  United  States  for  the  purpose  of  transportation  or  for  pur- 
poses of  extension  or  improvement  of  the  public  waterways,  to 
donate  to  the  United  States  of  America  rights  of  way  over  and 
across  any  of  the  lands  belonging  to  the  public  schools  located 
within  the  parish  in  which  said  board  is  constituted  or  organized/ 
which  grant  or  donation  may  be  made  without  any  previous  ad- 
vertisement thereof,  when  authorized  by  a  resolution  of  said 
board  to  sign  an  act  of  conveyance  evidencing  such  grant  or 
donation;  provided,  however,  that  the  said  Parish -Boards  of 
School  Directors  shall  in  every  case  reserve  the  right  to  control, 
occupy  and  use  any  part  of  said  rights  of  way  not  actually 
needed  by  the  United  States  in  the  manner  and  to  the  same 
extent  as  before  conveying  said  rights  of  way,  and  also  the  right 
to  transfer,  lease,  quit-claim,  or  otherwise  dispose  of  the  said 
rights  of  way  and  every  part  thereof,  subject  to  the  grant  made 
to  the  United  States. 

(Sale  on  the  Order  of  'the  Auditor,  S.  2960,   R.  S.) 

If  the  majority  of  the  votes  taken  in  a  township  shall  give 
their  assent  to  the  sale  of  the  lands  aforesaid,  the  parish  treasurer 
shall  forthwith  notify  the  Auditor  of  Public  Accounts  of  the  vote 
thus  taken,  and  upon  his  order  the  said  lands  shall  be  sold  by  the 
parish  treasurer,  at  public  auction,  before  the  courthouse  door,  by 
the  sheriff  or  an  auctioneer  to  be  employed  by  the  treasurer  at  his 
expense,  to  the  highest  bidder,  in  quantities  not  less  than  40  acres, 
nor  more  than  160,  after  having  been  previously  appraised  by 
three  sworn  appraisers,  selected  by  the  parish  treasurer  and  re- 
corder of  the  parish,  after  thirty  (30)  days'  advertisement,  but  in 
no  case  at  a  less  sum  than  the  appraised  value,  payable  on  a  credit 
of  ten  years,  as  follows :  ten  per  cent  in  cash  and  the  balance  in 
nine  annn.nl  installments,  the  interest  to  be  paid  on  the  whole 


79 

amount,  annually,  at  the  rate  of  eight  per  cent  per  annum;  the 
notes  shall  be  made  payable  to  the  Auditor  of  Public  Accounts, 
secured  by  special  mortgage  on  the  land  sold,  and  personal  secur- 
ity in  solido,  until  final  payment  of  principal  and  interest;  in 
event  of  the  purchaser  neglecting  or  refusing  to  pay  any  of  these 
installments  or  interest  at  maturity,  the  mortgage  shall  be  forth- 
with closed,  and  the  parish  treasurer  is  hereby  authorized  to  ad- 
vertise and  sell  the  land  as  before  provided  for,  and  further  au- 
thorized and  required  to  execute  all  acts  of  sale  on  behalf  of  the 
State  for  any  such  lands  sold,  to  receive  the  cash  payment  and 
notes  given  for  the  purchase,  which  shall  be  made  payable  to  the 
State  Treasurer,  and  to  place  the  same  in  the  office  of  the  Auditor 
of  Public  Accounts  for  collection;  all  cash  received,  either  for 
principal  or  interest,  from  said  sales  shall  be  transmitted  by  him 
to  the  State  Treasurer,  and  any  moneys  thus  received  into  the 
State  Treasury  from  sales  aforesaid  shall  bear  interest  at  the  rate 
of  four  per  cent  per  annum,  and  be  credited  to  the  township  to 
which  the  same  belongs  according  to  the  provisions  of  the  Act  of 
Congress.  The  parish  treasurer  shall  forthwith  notify  the  State 
Superintendent  of  the  results  of  all  sales  made  by  him.  The  par- 
ish treasurer  shall  be  authorized  to  receive  the  whole  amount  bid 
for  the  lands,  deducting  the  eight  per  cent  interest  which  the 
credits  will  bear.  (See  Supreme  Court  decision  as  to  price,  etc.) 

NOTE. — The  above  act  has  been  amended  by  Act  57  of  '84,  changing  6 
per  cent  to  4  per  cent. 

(Sale  of  Uninhabitable  Lands,  S.  1,  A.  108,  '94.) 

All  sixteenth  section  lands  located  in  a  township  not  habitable 
by  reason  of  the  land  being  swamp  or  sea  marsh,  the  school  board 
of  the  parish  in  which  such  lands  are  located  may  present  an  ap- 
plication for  sale  of  such  sixteenth  section  land  to  the  Auditor  of 
Public  Accounts,  in  which  they  shall  set  forth  the  location  of  the 
township,  its  character  and  the  reason  upon  which  a  sale  is  de- 
sired, and  upon  receipt  of  such  application  duly  signed  by  the 
president  and  secretary  thereof,  the  Auditor  may  authorize  the 
sale,  if  in  his  judgment  a  sale  should  be  made. 

(Sale  Conducted   in  the  Same  Manner  as  Others,  S.  2,  A.  168,  '94.) 

In  case  a  sale  is  ordered  as  provided  for  in  Section  1  of  this 
Act,  the  parish  treasurer  shall  make  such  sale  in  the  same  manner, 


80 

and  upon  the  terms  and  conditions  as  is  now  provided  by  law,  for 
the  sale  of  sixteenth  section  lands;  provided  this  Act  shall  not 
apply  to  sixteenth  sections  now  leased  to  parties  for  a  term  of 
years, 

(Sale  of  Sections  Divided  by   Parish   Lines,  A.   147,  '57.) 

When  the  sixteenth  section  of  any  township  is  divided  by  a 
parish  line,  the  treasurer  of  the  parish  in  which  a  greater  portion 
of  the  section  may  lie,  shall  proceed  to  take  the  sense  of  the  people 
of  the  township,  and  to  sell  the  same  as  provided  by  law,  as  if  the 
whole  section  lay  in  his  parish ;  provided,  that  the  same  shall  be 
advertised  at  the  courthouses  of  both  parishes. 

(Treasurer's  Commission,  A.  33,  '59.) 

Parish  treasurers  of  the  several  parishes  shall  be  entitled  to  re- 
tain out  of  the  proceeds  of  the  sale  of  sixteenth  sections  effected 
by  them  a  percentage  of  two  and  one-half  on  the  amount  of  said 
sales,  to  be  deducted  from  the  cash  payment,  and  the  same  shall 
be  in  full  compensation  of  their  services. 

(Proceeds  of   Lands  Accruing   to  Townships,   S.  2963,    R.  S.) 

All  moneys  that  have  been  or  may  hereafter  be  received  into 
the  State  Treasury,  and  the  interest  that  has  or  may  accrue  there- 
on from  the  sale  of  sixteenth  sections  of  school  lands  or  the  school 
land  warrants  belonging  to  the  various  townships  in  the  State, 
shall  be  placed  to  the  credit  of  the  township,  arid  should  the  people 
of  any  township  desire  to  receive  for  the  use  of  the  schools  therein 
the  annual  interest  payable  by  the  State  on  funds  deposited  to 
their  credit,  or  the  annual  proceeds  of  the  loans,  the  parish  treas- 
urer shall,  on  the  petition  of  five  legal  voters  in  any  sueh  town- 
ship, order  an  election  to  be  held  in  the  township,  as  provided  for 
the  sale  of  township  lands ;  and  if  a  majority  of  any  number  of 
votes  above  seven  be  in  favor  of  receiving  annually  the  accruing 
interest  as  aforesaid,  the  same  shall  be  paid  to  the  treasurer  of  the 
parish  for  the  use  of  the  township  or  district;  otherwise  the  inter- 
est shall  be  an  accumulating  fund  to  their  credit  until  called  for. 

(Mode  of  Annulling  Sales,  S.  2965,  R.  S.) 

In  all  cases  of  the  sale  of  the  school  lands  known  as  sixteenth 
sections,  heretofore  made,  where  the  purchase  money  has  not  been 
paid,  the  purchaser  or  purchasers  shall  have  the  right  to  annul 


81 

the  sale  upon  application  to  the  district  court  of  the  parish  where 
the  land  is  situated;  provided,  that  the  judgment  of  nullity  shall 
be  obtained  at  the  cost  of  the  applicant  and  contradictorily  with 
the  district  attorney,  in  conjunction  with  the  school  directors  of 
the  district  in  which  said  land  is  situated,  who  shall  be  made  a 
party  defendant  in  such  suit ;  provided,  also,  that  it  shall  appear 
upon  the  hearing  that  the  value  of  the  land  has  not  been  impaired 
by  any  act  of  the  purchaser;  and  provided  further,  that  nothing 
in  this  Act  shall  be  so  construed  as  to  entitle  the  said  purchaser  to 
repayment  of  any  part  of  the  purchase  money  already  paid. 

(Auditor's  Duty  in  the  Collection  of  Notes,  S.  1,  A.  57,  '84.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  immedi- 
ately on  the  passage  of  this  Act,  to  forward  for  collection  to  the 
treasurer  of  the  school  board  in  their  respective  parishes  through- 
out the  State,  all  the  notes  given  for  the  purchase  price  of  six- 
teenth sections,  or  any  part  thereof,  known  as  free  school  lands, 
whenever  any  installment  of  said  purchase  price  has  become  due 
or  may  become  due,  and  it  shall  be  the  duty  of  said  treasurer  of 
the  parish  school  board  to  receive  and  receipt  for  same. 

(School    Board  Treasurer's   Duty  in  *he  Collection   of  Notes,  S.  2,  A.  57, 

'84.) 

It  shall  be  the  duty  of  the  treasurer  of  the  parish  school  board, 
on  receipt  of  the  notes  due  and  given  for  said  sixteenth  sections, 
to  immediately  notify  the  principal  and  his  sureties,  in  writing,  of 
the  amount  of  said  note,  principal  and  interest,  due  and  unpaid ; 
provided,  said  lands  for  which  said  notes  were  given  are  still  in 
possession  of  the  original  purchaser,  and  if  in  the  possession  of 
other  parties,  such  possessors  shall  also  be  likewise  notified  of  all 
the  demands,  principals  and  interest,  against  said  lands,  and  if  all 
the  demands  against  the  same  be  not  satisfied  within  thirty  days 
from  said  notice,  it  shall  be  the  duty  of  the  treasurer  of  the,  parish 
school  board  to  turn  over  said  notes  to  the  district  attorney  for 
said  district,  or  other  attorney  selected  by  the  school  board,  for 
suit ;  and  provided  further,  that  said  notice  shall  serve  as  a  bar  to 
prescription,  which  shall  only  begin  to  run  from  the  service  of 
said  notice. 

(Attorney's   Duty  in  the  Collection  of  Notes,  S.  3,  A.  57,  '84.) 

It  shall  be  the  duty  of  said  attorney  to  proceed  without  delay, 


82 

Dy  all  necessary  legal  processes,  and  without  depositing  clerk's  or 
sheriff's  costs,  or  giving  security  therefor,  to  collect  all  su(?h  notes 
as  may  be  turned  over  to  him  by  said  treasurer  of  the  parish 
school  board,  and  given  for  sixteenth  sections,  known  as  free 
school  lands,  and  if  any  of  the  conservatory  writs  shall  be  found 
to  be  necessary  in  order  to  aid  in  said  collection,  it  shall  be  lawful 
to  issue  the  same,  without  giving  bond  as  required  in  other  cases. 

(Attorney's  Compensation,  S.  4,  A.  57,  '84.) 

The  said  attorney  shall  receive  ten  per  cent  of  all  moneys  col- 
lected by  him  on  notes  given  for  sixteenth  sections,  and  after  de- 
ducting said  ten  per  cent  he  shall  turn  over  the  remainder  to  the 
treasurer  of  the  school  fund  for  the  parish  in  which  the  lands  are 
situated,  and  the  same  shall  be  transmitted  through  the  Auditor 
of  Accounts,  by  said  treasurer,  to  the  State  Treasurer ;  and  any 
moneys  thus  received  into  the  State  Treasury  from  said  collec- 
tions shall  bear  interest  at  the  rate  of  four  per  cent  per  annum, 
and  be  credited  to  the  township  to  which  the  same  belongs,  ac- 
cording to  the  provisions  of  the  Act  of  Congress. 

(When  Scrip   May   Issue,  S.  2952,   R.  S.) 

When  such  locations  cannot  be  made,  if  deemed  more  advan- 
tageous to  the  State,  the  Register,  with  the  assent  of  the  Federal 
Government,  is  authorized  to  issue  scrip  for  such  lands,  which 
scrip  shall  not  be  sold  for  a  less  amount  than  one  dollar  and 
twenty-five  cents  per  acre. 

(Duty  of  the  Auditor  in   Fixing  Capital   Due  the  Townships,  A.  96,  '86.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  by  the 
1st  day  of  January,  1887,  to  ascertain  the  amount  of  capital  that 
may  be  due  the  several  townships  from  the  proceeds  of  the  sales 
of  sixteenth  sections,  made  since  the  1st  of  January,  1880,  and 
actually  paid  into  the  State  Treasury.  The  amount  thus  ascer- 
tained shall  be  the  capital  upon  which  interest  shall  thereafter  be 
allowed  and  paid  out  of  the  interest  collected  on  the  said  bonds 
to  the  townships,  the  sixteenth  sections  of  which  have  been  sold 
since  the  1st  of  January,  1880,  and  the  proceeds  actually  paid  into 
the  State  Treasury,  and  the  proceeds  so  paid  invested  as  required 
by  law. 

In  calculating  the  interest  due  the  several  townships,  no  inter- 


83 

est  shall  be  allowed  for  fractious  of  the  year  during  which  the  re- 
ceipts shall  have  come  into  the  treasury ;  but  it  shall  commence  at 
the  beginning  of  the  first  of  January  of  the  next  year. 

The  interest  due  upon  the  capital  ascertained  as  aforesaid,  and 
the  interest  due  upon  subsequent  sales,  shall  be  paid  to  the  town- 
ship in  the  manner  now  provided  for  by  law.  It  shall  be  the  duty 
of  the  Auditor  to  furnish  the  Treasurer  and  Superintendent  of 
Public  Education  with  a  statement  of  the  amount  due  each  town- 
ship. 

(Lake   Beds  Sold  for  Account  of  Schools,  A.  124,  '02.) 

Section  1.  All  islands,  other  than  sea  marsh  islands,  belong- 
ing to  the  State,  as  well  as  all  other  lands  of  the  State,  not  the 
property  of  any  levee  district,  nor  within  the  limits  of  any  levee 
district,  which  were  formerly  the  beds  of  lakes,  or  other  bodies  of 
water,  whether  navigable  or  unnavigable,  which  are  now,  or  may 
hereafter  become  dry  in  whole  or  in  part  by  reason  of  the  reces- 
sion therefrom  of  the  waters  which  formerly  covered  the  same,  be 
and  the  same  are  hereby  declared  to  be  open  to  entry  and  sale  for 
account  of  the  State  for  school  purposes  as  hereinafter  provided. 

(Proceeds  of  Sale  of  All  Such  Lands,  to  Be  Placed  to  the  Credit  of 
General  School  Fund,  A.  124,  '02.) 

Section  7.  The  proceeds  arising  from  the  sales  of  said  lands 
shall,  when  paid  into  the  hands  of  the  State  Treasurer,  be  placed 
by  him  to  the  credit  of  the  General  School  Fund  of  the  State  for 
the  benefit  of  the  public  schools  of  the  State  as  now  provided  by 
law :  provided  that  in  addition  to  the  price  paid  the  Treasurer  the 
purchaser  of  any  of  the  lands  described  in  this  Act  shall  pay  to 
the  Register  the  fees  allowed  by  law. 

(Du*y  of  School  Board  When  Vote  Is  Against  Sale  of  Lands,  S.  1,  A.  54, 
'10,  amending  A.  129,  '08,  amending  S.  2962  of  the  Revised 
Statutes.) 

Should  a  majority  of  the  legal  voters  be  against  the  sale  of  the 
lands,  then  it  shall  be  the  duty  of  the  parish  board  of  school  di- 
rectors of  the  parish  in  which  said  lands  are  located  to  secure 
them  from  injury  and  waste  and  to  prevent  illegal  possession  or 
aggression  of  any  kind  and  to  lease  the  same,  or  any  part  thereof, 
according  to  the  provisions  of  the  Act  of  Congress  aforesaid  as 


84 

amended  by  Act  of  Congress  approved  June  12th,  1884,  and  to 
inform  the  State  Superintendent  thereof. 

(Advertising  Lease;     Security  Required.) 

Such  lease  shall  only  be  made  after  due  notice  shall  have  been 
given  by  advertisement,  for  at  least  thirty  days,  in  the  official 
journal  of  the  parish,  or  in  any  paper  published  regularly  in  the 
parish  containing  the  land  to  be  leased,  of  the  time  and  place 
where  the  land  will  be  offered  for  lease  to  the  highest  bidder.  In 
all  cases  ample  security  shall  be  required,  not  only  for  the  punc- 
tual payment  of  the  rent  but  for  the  protection  of  the  lands  from 
all  kinds  of  waste  and  injury.  Said  parish  board  of  school  direct- 
ors shall  have  the  right  to  reject  any  and  all  bids  offered  for  said 
lease,  if  in  its  judgment  the  bids  do  not  reach  a  just  and  fair 
value  of  the  lease. 

(Manner   of    Holding    Elections   on    Sale    of   Timber;      Lease   of    Oil    and 
Mineral   Rights.) 

The  Parish  Board  of  School  Directors  shall  have  the  author- 
ity, when  in  its  judgment  it-  is  to  the  best  interests  of  the  schools 
of  a  township,  to  take  the  sense  of  the  legal  voters  residing  in 
such  township  relative  to  the  sale  of  the  timber  on  sixteenth 
section  school  lands  situated  therein  or  the  lease  or  sale  of  oil 
and  mineral  rights  on  such  land.  Said  vote  shall  be  taken  under 
the  direction  of  said  board,  who  shall  give  thirty  days'  notice 
thereof  in  the  parish  journal,  or  in  any  paper  regularly  pub- 
lished in  the  parish,  setting  forth  the  time  and  place  of  the  elec- 
tion to  be  held.  The  said  board  shall  appoint  one  of  its  members 
to  conduct  the  election,  who  shall  hold  open  the  polls  and  allow 
votes  to  be  cast  within  the  usual  hoars  and  in  the  usual  manner 
of  holding  elections. 

(Affirmative  Vote  to   Be   Reported  to  State  Superintendent  and   Auditor 
of   Public  Accounts.) 

If  a  majority  of  the  votes  cast  are  in  favor  of  the  sale  of  the 
timber,  or  the  lease  or  sale  of  oil  and. mineral  rights,  the  Parish 
Board  of  School  Directors  shall  at  once  report  the  result  of  the 
election  to  the  State  Superintendent  of  Public  Education  and  to 
the  State  Auditor  of  Public  Accounts,  and  upon  the  order  of  the 
State  Auditor  the  said  board  shall  proceed  to  sell  the  timber  or 
lease  or  sell  the  oil  and  mineral  rights,  either  or  both,  as  the  case 


85 


may  be;  under  the  same  formalities  and  requirements  as  provided 
for  the  lease  of  sixteenth  section  school  lands  hereinabove  set 
forth, 

(Notes    Made    Payable  .to    Auditor    of    Public    Accounts,    Secured    by    at 
Least  Two  Solvent  Sureties   in   Solido.) 

In  all  cases  where  a  sale  of  timber  or  of  oil  and  mineral  rights 
is  made  under  the  provisions  of  this  Act  and  deferred  payments 
are  allowed,  the  notes  representing  such  deferred  payments  shall 
be  made  payable  to  the  order  of  the  Auditor  of  Public  Accounts, 
and  their  punctual  payment  shall  be  secured  by  at  least  two  good 
and  solvent  sureties,  who  shall  be  liable  "in  solido." 

(Funds   Accruing    From    Lease   of    Lands,    Sale   of   Timber   and    Mineral 
and   Oil    Rights  Credited  to  Current  School    Fund   of  Parish.) 

In  all  cases  of  the  lease  of  sixteenth  section  school  lands,  or 
of  the  sale  of  the  timber  thereon  or  of  the  lease  or  sale  of  oil  and 
the  mineral  rights  thereof,  the  cash  payment  after  deducting  suf- 
ficient amount  to  cover  the  actual  expenses  incurred  by  the  said 
election  and  making  the  said  lease  or  sale,  shall  be  credited  to 
the  account  of  the  current  school  fund  of  the  parish  where  the 
sixteenth  section  school  lands  are  located,  and  notes  representing 
deferred  payments  shall  be  placed  in  the  hands  of  the  parish 
school  treasurer  for  collection,  and  when  collected  also  credited 
to  the  current  school  fund  of  said  parish,  to  be  used  for  general 
school  purposes. 

(Leases  or  Sales  of  Timber,  Oil  and  Mineral   Rights  to  Expire  Automat- 
ically  After   Ten  Years.) 

In  all  cases  where  a  sale  of  timber  or  the  lease  of  or  sale  of 
the  oil  and  mineral  rights  is  made  under  the  provisions  of  this 
Act.  the  purchaser  thereof  or  his  vendees,  or  the  lessee,  shall  be 
allowed  a  period  of  not  more  than  ten  years  in  which  to  remove 
the  timber  or  to  utilize  the  oil  and  mineral  rights. 

(Trespass  on   Sixteenth   Section,  S.   1,  A.   14,  '82.) 

Whoever  shall  cut  down,  or  remove  for  sale  for  his  own  use, 
or  the  use  of  another,  any  timber  on  any  free  school  land  in  this 
State,  belonging  to  the  State,  known  as  sixteenth  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
condemned  to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 


thousand  dollars,  and,  in  default  of  the  same,  be  sentenced  to 
imprisonment  not  less  than  ten  days  nor  more  than  one  year. 

(Same,   S.   2,   A.   14,   '82.) 

Whoever  shall  knowingly  use,  cultivate  or  inclose  any  free 
school  land,  known  as  sixteenth  section,  without  authority  from 
the  parish  board  of  school  directors,  shall  on  conviction  be  con- 
demned to  pay  a  line  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  in  default  of  the  same  be  sentenced  to 
imprisonment  for  not  less  than  ten  days  nor  more  than  one  year. 

(School   Boards  Authorized  to  Sue  for  Recovery  of  Damages  and  Tres- 
pass on   Sixteenth  Sections,  S.  1,  A.   158,  '10.) 

The  several  school  boards  of  the  various  parishes  of  the  State 
be  and  they  are  hereby  authorized  and  empowered  to  contract 
with  and  employ  on  the  part  of  the  State  of  Louisiana,  attorneys 
at  law,  to  recover  for  the  State,  damages  for  trespass  to  the  six- 
teenth section  known  as  school  lands  the  title  to  which  is  still  in 
the  State,  each  of  said  Boards  to  have  authority  to  make  said  con- 
tracts for  the  lands  situated  in  its  own  parish  and  no  others ;  and 
the  several  school  boards  shall  also  have  authority  to  sue  for  and 
recover  the  sixteenth  section  known  as  school  lands. 

(Compensation   of   District  Attorney  and   Other  Attorneys,   S.  2,   A.   158, 

MO.) 

The  attorney  or  attorneys  thus  employed  shall  work  in  con 
junction  with  the 'district  attorney  for  the  parish  in  which  the 
land  is  situated ;  that  the  compensation  of  the  district  attorneys 
shall  remain  as  now  fixed  by  law;  that  the  compensation  of  the 
other  attorney  or  attorneys  employed  shall  be  fixed  by  contract 
between  the  respective  school  boards  and  the.  attorney  or  attor- 
neys employed  and  shall  in  each  case  be  a  contingent  fee,  condi- 
tioned .upon  recovery ;  shall  in  each  case  be  a  fixed  percentage  of 
the  amount  recovered,  and  shall  in  no  case  exceed  twenty-five  per 
cent  of  the  amount  recovered;  provided  that  if  more  than  one 
attorney  is  thus  employed  for  the  same  cause,  the  same  fee  shall 
be  paid  to  the  whole  number  of  attorneys,  as  if  only  one  had  been 
employed. 

(Manner  of  Bringing  Suits,  S.  3,  A.  158,  '10.) 

Suit  in  all  such  cases  shall  be  brought  in  the  name  of  the  State 
of  Louisiana,  and  the  attorneys  employed  as  aforesaid,  shall  sue 


.87 

for  the  value  of  all  timber  cut  and  removed  from  any  such  lands, 
as  well  as  any  arid  all  other  legal  damages  caused  by  any  such 
trespass. 

(Authority  Applies  to  Sixteenth  Sections  Illegally  Acquired.) 

The  authority  given  by  this  Act  shall  apply  to  all  sixteenth 
sections  donated  by  Congress  to  this  State  in  trust  for  public 
school  purposes,  and  to  which  the  State  has  never  legally  parted 
with  the  title;  and  the  suits  herein  authorized  may  be  brought 
against  those  who  claimed  the  right  to  cut  and  remove  timber 
from  such  lands,  under  color  of  title. 

(Residue  of  Amounts   Recovered  to  Be  Paid   Into  Srtate  Treasury.) 

Each  and  every  amount  recovered  for  the  State  as  herein 
provided  shall,  after  deducting  and  paying  the  attorney's  fees 
as  herein  provided,  and  all  other  lawful  costs  and  charges,  be 
paid  into  the  State  Treasury,  to  be  kept  on  the  books  of  the 
Auditor  and  Treasurer,  to  the  credit  of  the  township  in  which 
the  land  is  situated,  in  the  same  manner  as  now  provided  by 
law  for  the  proceeds  of  the  sale  of  such  sixteenth  sections 

(To  Provide  for  the  Sale  of  School   Indemnity  Lands,  Act  207  of  '02.) 

Section  1.  That  all  lands  now  owned  by,  or  which  may  here- 
after mure  to  the  State  from  the  United  States  Government  as 
indemnity  for  school  lands,  shall  be  disposed  of  as  hereinafter 
provided. 

Section  2.  That  the  Register  of  the  State  Land  Office  shall 
cause  to  be  advertised  for  sale  at  public  auction  for  thirty  clear 
days,  a  list  of  the  lands  to  be  sold,  which  have  not  already  been 
advertised,  the  publication  to  be  made  in  a  newspaper  published 
in  the  parish  where  the  land  is  to  be  sold  is  situated,  and  no  land 
to  be  sold  shall  be  advertised  in  any  paper  published  outside  of 
the  parish  where  the  same  is  situated. 

Section  3.  That  the  Register  shall  adjudicate  said  lands  at 
public  auction  to  the  last  and  highest  bidder  at  his  office  and  in 
ease  the  land  so  offered  for  sale  fails  to  bring  at  auction  the  price 
of  two  dollars  and  fifty  cents  ($2.50)  per  acre  the  same  shall  be 
withdrawn  and  shall  be  thereafter  sold  by  him  at  privte  sale  for 
two  dollars  and  fifty  cents  per  acre. 

Section  4.    That  the  Register  shall  not  issue  a  patent  to  the 


88 

purchaser  of  said  land  until  he  shall  have  paid  into  the  hands 
of  the  State  Treasurer  the  purchase  price  of  said  lands. 

Section  5.  In  addition  to  the  purchase  price  paid  for  said 
lands,  the  purchaser  thereof  shall  p^ay  to  the  Register  the  same 
fees,  as  in  other  cases  where  a  patent  is  issued,  and  out  of  the 
purchase  price  so  paid,  the  Treasurer  of  the  State  shall  pay  the 
cost  of  advertising  said  property  and  place  the  balance  thereof  to 
the  credit  of  the  various  school  boards  entitled  to  receive  same. 

Section  6.  The  provisions  of  this  Act  shall  not  refer  nor 
apply  to  applications  for  the  entry  and  sale  of  school  indemnity 
lands  which  may  be  pending  in  the  State  Land  Office  at  the  time 
of  the  passage  of  this  Act. 

(Sale  Which  Can   Be  Made  by  the  Land    Register,  A.  315,  '55.) 

It  shall  be  lawful  for  the  Register  of  the  State  Land  Office 
to  sell,  at  the  price  stipulated  by  law,  to  any  board  of  free 
school  district  directors  of  this  State,  any  amount,  not  less  than 
five  acres,  of  any  land  within  their  school  district,  donated  by 
Congress  to  this  State,  either  for  the  use  of  a  seminary  of  learn- 
ing, or  for  the  purpose  of  internal  improvement,  on  which  to 
erect  a  schoolhouse. 

(How   Located,   S.  2947,    R.   S.) 

Any  land  so  sold  shall  commence  in  the  corner  of  a  legal 
division  or  sub-division  of  sections ;  and  if  in  a  right  angle,  it 
shall  be  run  an  equal  distance  on  two  sides,  bounded  by  the  line 
of  such  division,  and  form  a  square  including  the  number  of 
acres  sold ;  if  in  an  acute  angle,  it  shall  be  bounded  by  said 
division  lines  to  such  distance,  and  by  lines  in  such  other  direc- 
tions as  the  Register  may  deem  most  equitable  between  the  land 
so  sold  and  that  retained;  the  patents  for  lands  so  sold  shall 
issue  to  the'  free  school  directors  and  their  successors,  for  the 
use  of  their  district  schools,  setting  forth  the  number,  and  of 
what  parish. 

(Reservation   of  School    Lands,   A.  316,  '55.) 

The  Register  of  the  State  Land  Office  is  required  to  ascer- 
tain in  what  township  in  this  State  there  are  no  reservations 
of  school  sections  by  reason  of  conflicting  claims  or  from  any 
other  cause,  or  where  the  reservation  is  less  than  contemplated 


89 


by  law ;  and  in  suck  cases  it  is  made  his  duty  under  the  super- 
intendence of  the  Governor,  to  apply  for,  and  as  soon  as  possible, 
obtain  a  location  of  any  land  or  part  of  land  in  lieu  thereof. 

(Grants   and    Reservations.) 

The  lands  granted  in  the  States  and  reserved  in  the  Territories 
for  educational  purposes  by  Acts  of  Congress  from.  1785  to  June 
30,  1880,  were: 

(For   Public   or   Common   Schools.) 

Every  sixteenth  section  of  public  land  in  the  States  admitted 
to  1848,  and  every  sixteenth  and  thirty-sixth  section  of  such  land 
in  States  and  Territories  since  organized — estimated  at  67,893,919 
acres. 

(For   Seminaries   or    Universities.) 

The  quantity  of  two  townships,  or  -16,080  acres,  in  each  State 
or  Territory  containing  public  land,  and,  in  some  instances,  a 
greater  quantity,  for  the  support  of  seminaries  or  schools  of  a 
higher  grade — estimated  at  1,165,520  acres. 

(For   Agricultural    and    Mechanical    Colleges.) 

The  grant  to  all  the  States  for  agricultural  and  mechanical 
colleges,  by  Act  of  July  2,  1862,  and  its  supplements  of  30,000 
acres,  for  each  Representative  and  Senator  in  Congress  to  which 
the  State  was  entitled,  of  land  "in  place"  where  the  State  con- 
tained a  sufficient  quantity  of  public  land  subject  to  sale  at  ordi- 
nary private  entry  at  the  rate  of  $1.25  per  acre,  and  of  scrip 
representing  an  equal  number  of  acres  where  the  State  did  not 
contain  such  description  of  land,  the  scrip  to  be  sold  by  the 
State  and  located  by  its  assignees  on  any  such  land  in  other  States 
and  Territories,  subject  to  certain  restrictions.  Land  in  place,, 
1,770,000  acres;  land  scrip,  7,830,000;  total,  9,600,000  acres. 

In  all,  78,659,439  acres  for  educational  purposes  under  the 
heads  above  set  out  to  June  30,  1880. 

The  lands  thus  ceded  to  the  several  States  were  disposed  of 
or  are  held  for  disposition,  and  the  .proceeds  used  as  permanent 
endowments  for  common  school  funds.  (See  Report  of  the  Com- 
missioner of  Education,  Hon.  John  Eaton,  to  June  30,  1880;  land 
and  auditors'  reports  for  the  several  land  States;  Kiddle  & 
Scheni's  Dictionary  of  Education;  and  also  ninth  census,  E.  A. 


90 

Walker,  superintendent,  for  details  of  endowments  of  the  several 
States  for  common  schools  resulting  from  the  sales  of  United 
States  land  grants  for  education.)  As  an  illustration,  the  State 
of  Ohio  has  a  permanent  endowment  for  education,  called  the 
"Irreducible  State  Debt,"  the  result  of  sale  of  all  granted  lands 
for  education,  of  $4,289,718.52. 

(Price  o,f  Seminary  Lands,  S.  2954,  R.  S.) 

The  price  of  the  seminary  lands  shall  hereafter  be  fixed  at 
one  dollar  and  twenty-five  cents  per  acre. 

Disposition    of    Funds    of    Towns    on    the    Recision    of    Their    Charters, 

S.  6,  A.  173,  '94.) 

If  after  paying  all  the  debts  of  said  town  (upon  the  disso- 
lution and  recision  of  its  charter)  there  shall  remain  any  balance 
of  money,  the  same  shall  be  turned  over  to  the  school  board  of 
the  parish  to  be  used  in  the  education  of  the  children  of  school 
age  residing  within  the  territory  covered  by  said  town. 

(Prescription  of  Debts,  etc.,  S.  8,  A.   103,  '80.) 

The  term  of  prescription  of  any  and  all  debts,  due  to  any 
charitable  institution  in  this  State,  and  to  any  college  fund,  or 
any  fund  of  any  institution  of  learning,  or  to  any  fund  be- 
queathed for  charitable  purposes  of  education,  and  of  all  debts 
contracted  by  borrowing  the  whole  or  part  of  any  such  funds, 
shall  be  thirty  years ;  provided,  the  debt  is  evidenced  in  writing. 

(Free  School   Fund,  S.  2957,  R.  S.) 

The  proceeds  of  all  lands  heretofore  granted  by  the  United 
States  to  this  State  for  the  use  or  support  of  schools  except  the 
sixteenth  section  in  the  various  townships  of  the  State  specially 
reserved  by  Congress  for  the  use  and  benefit  of  the  people 
therein;  and  all  lands  which  may  hereafter  be  granted  or  be- 
queathed to  the  State,  and  not  specially  granted  or  bequeathed 
for  any  other  purpose,  which  hereafter  may  be  disposed  of  by 
the  State,  and  the  ten  per  cent  of  the  net  proceeds  of  the  sales 
of  the  public  land  and  which  have  accrued  and  to  accrue  to  this 
State  under  the  Act  of  Congress  entitled  "An  Act  to  appropriate 
the  proceeds  of  the  public  lands,"  and  to  grant  pre-emption 
rights,  approved  September  4,  1841 ;  and  the  proceeds  of  the 
estates  of  deceased  persons,  to  which  the  State  has  or  may  become 
entitled  by  law,  shall  be  held  by  the  State  as  a  loan,  and  shall 
be  and  remain  a  perpetual  fund,  to  be  called  the  Free  School 


91 

Fund,  on  which  the  State  shall  pay  an  annual  interest  of  six 
per  cent;  which  interest,  together  with  the  interest  of  the  Trust 
Fund  deposited  with  this  State  by  the  United  States,  under  the 
Act  of  Congress  approved  the  23d  of  June,  1836,  with  the  rents 
of  all  unsold  lands,  except  tjiat  of  the  sixteenth  sections,  shall 
be  appropriated  for  the  support  of  public  schools  in  this  State; 
and  donations  of  all  kinds  which  shall  be  made  for  the  support  of 
schools,  and  such  other  means  which  the  Legislature  may  from 
time  to  time  set  apart  for  school  purposes,  shall  form  a  part  of 
the  fund,  and  shall  also  be  a  loan  on  which  the  State  shall  pay 
an  interest  of  six  per  cent  per  annum. 

It  shall  be  the  duty  of  the  Treasurer  of  the  State  to  apply 
annual!}7,  and  to  receive  from  the  general  Government,  the  said 
ten  per  cent  of  moneys  now  due  and  to  become  due  to  this  State, 
and  to  place  the  same,  when  received,  to  the  credit  of  the  proper 
fund,  and  to  report  thereon  to  each  session  of  the  General  As- 
sembly. 

(Special  Sources  of  Revenue.) 

1.  Act  85  of  '94. — Residue  from  sale  of  unclaimed  merchan- 
dise in  warehouse. 

2.  Act  124  of  '90. — Residue  from  sale  of 'unclaimed  freight  in 
railroad  warehouse 

3.  Act  124  (Sec.  1  and  7)  '02.— Proceeds  from  sale  of  "island 
other  than  sea  marsh  islands. ' ' 

4.  Sec.  S.  2957,  R.  S.— From  "Land  Grants"  other  than  the 
sixteenth  section. 

5.  Acts  39,  177,  '02.— From  sale  of  "Internal  Improvement" 
Swamp  Indemnity  Lands  and  Certificates. 

6.  Act  180  of  1902. 

7.  All  fines  and  forfeited  bonds. 

8.  See  Act  27,   '75. — Fine  for  violation  of  laws  relative  to 
inquests,  etc. 

9.  Recision  of  town  charters,  S.  6,  A.  173  of  1894. 

10.  Donations. 

11.  Fees. 

12.  Inheritance  tax. 

k    13.    State  appropriation  for  high  and  agricultural  schools. 
14.    Special  school  tax. 


92 


THE  LOUISIANA  STATE  UNIVERSITY  AND  AGRI- 
CULTURAL AND  MECHANICAL  COLLEGE. 


(Object  of  the   Institution,  A.  145,  77.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  as  hereinafter  created,  shall  liave  for  its  object  to 
become  an  institution  of  learning,  in  the  broadest  and  highest 
sense,  where  literature,  science  and  all  the  arts  may  be  taught; 
where  the  principles  of  truth  and  honor  may  be  established,  and 
a  noble  sense  of  personal  and  patriotic  and  religious  duty  incul- 
cated ;  in  fine,  to  fit  the  citizen  to  perform  justly,  skillfully,  and 
magnanimously  all  the  offices,  both  private  and  public,  of  peace 
and  war. 

(General    Instruction,  A.  145,  '77.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  as  hereinbefore  created,  shall  provide  general  instruc- 
tion and  education  in  all  the  departments  of  literature,  science, 
art,  and  industrial  and  professional  pursuits ;  and  it  shall  provide 
special  instruction  for  the  purpose  of  agriculture,  the  mechanic 
arts,  mining,  military  science  and  art,  civil  engineering,  law, 
medicine,  commerce  and  navigation. 

NOTE. — See  L.  S.  U.  Catalogue  for  degrees  conferred. 
(Branches  to   Be  Taught,  A.  145,  77.) 

There  shall  be  maintained  in  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  hereinbefore  con- 
stituted and  established: 

First — Schools  of  literature,  including  the  languages  of  the 
principal  nations  of  ancient  and  modern  times,  philosophy,  logic, 
rhetoric  and  elocution,  history,  ethics,  metaphysics  and  such 
other  and  special  branches  of  learning  as  the  board  of  supervisors 
may  determine. 

Second — Schools  of  science,  including  mathematics,  astron- 
omy, engineering,  architecture,  drawing,  physics,  chemistry,  bot- 
any, zoology,  agriculture,  mechanics,  mining,  navigation  and  com- 
merce and  such  other  special  branches  of  learning  as  the  board 
of  supervisors  may  determine. 


93 

Third — Schools  of  the  useful  and  fine  arts,  and  of  military 
science  and  art. 

Fourth — Schools  of  medicine  and  law. 

Fifth — Such  other  schools  as  the  board  pf  supervisors  may 
establish. 

(Affiliation  with  Any  Incorporated   Institution,  A.  145,  77.) 

The  board  of  "supervisors  may  affiliate  with  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  any 
incorporated  university  or  college,  or  school  of  medicine,  law 
or  other  special  course  of  instruction,  upon  such  terms  as  may 
be  deemed  expedient ;  and  such  university,  college  or  school  may 
retain  the  control  of  its  own  property,  have  its  own  board  of 
trustees,  faculties  and  president  respectively;  and  the  students 
of  such  universities,  colleges  or  schools  recommended  by  the  re- 
spective faculties  thereof,  may  receive  from  the  Louisiana  State 
University  and  Agricultural  and  Mechanioal  College  the  degrees 
of  those  universities,  colleges  or  schools,  and  the  said  students  of 
learning  or  special  schools,  thus  graduated,  shall  rank  as  grad- 
uates of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College. 

(Beneficiary    Cadets.) 

Each  parish,  as  now  created,  or  that  may  hereafter  be  created 
in  the  State,  shall  have  the  right  to  delegate  to  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  one 
beneficiary  cadet,  and  the  City  of  New  Orleans  shall  have  the 
right  to  delegate  to  said  institution  seventeen  beneficiary  cadets; 
or  one  from  each  ward  of  said  city,  said  beneficiaries  to  remain  at 
said  institution  four  years,  unless  sooner  graduated  or  otherwise 
discharged ;  provided,  that  no  beneficiary  cadet  shall  be  permitted 
to  resign  from  said  institution,  without  the  consent  of  the  board 
of  supervisors  thereof,  which  consent  shall  be  given  only  in  case 
of  urgent  necessity,  such  as  serious  and  long  protracted  ill  health, 
duly  declared  by  the  certificate  of  the  surgeon  of  said  institution, 
or  other  competent  physician,  be  of  such  a  nature  as  to  render  it 
impossible  for  said  cadet  to  pursue  his  studies  with  advantage. 

(Police  Juries  and   City  Councils  to   Elect   Beneficiaries.) 

The  police  jury  of  each  parish  and  the  city  council  of  New 
Orleans,  respectively,  may  at  a  regular  meeting  elect  the  number 


94 

of  beneficiary  cadets  to  which  said  parish  or  city  is  entitled  as 
aforesaid,  of  such  age  and  qualifications  as  may  be  prescribed  by 
the  board  of  supervisors  forx  admission  to  the  college  classes  of 
said  University  and  Agricultural  and  Mechanical  College;  and 
shall  cause  the  beneficiary  so  selected  to  report  in  person  at  said 
institution  on  or  before  said  5th  day  of  October;  provided,  that 
said  beneficiary  cadet  shall  be  selected  from  the  number  of  thosa 
residents  of  said  parish  or  of  said  city,  who  have  not  themselves, 
nor  their  parents,  the  means  of  defraying  the  whole  of  their  nec- 
essary expenses  and  maintenance  and  support  of  said  institution, 
which  facts  shall  be  duly  certified  to  the  president  of  said  institu- 
tion, by  the  president  of  said  police  jury,  or  said  city  council  of 
New  Orleans,  as  true,  to  the  best  of  his  knowledge  and  belief. 

(Authority   of   the   Police   Juries,   and    City   Council    of    New    Orleans   to 
Appropriate    Funds   for    Beneficiaries.) 

For  maintenance  and  board  of  said  beneficiaries  in  said  insti- 
tution, the  police  juries  of  the  several  parishes  and  the  city 
council  of  the  City  of  New  Orleans,  be  and  are  hereby  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries, a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
cadets  as  appointed  under  the  provisions  of  this  act;  provided, 
that  the  expense  of  no  cadet  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum;  provided,  that  under  no  circumstances 
shall  any  part  of  this  sum  be  paid  by  the  State. 

(Recognition   of  the   Degrees  Conferred,  A.  93,  '08.) 

That  all  diplomas  or  degrees,  whether  literary  or  scientific, 
academic  or  professional,  granted  by  the  Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  upon  the  recommendation  of  the  faculty  of  said  insti- 
tution shall  be  recognized  by  the  courts  and  other  officials  of 
Louisiana  as  entitling  the  graduates  holding  said  diplomas  or 
degrees  to  the  same  rights,  immunities  and  privileges  in  the  State 
of  Louisiana  as  diplomas  or  degrees  of  any  other  institution  of 
learning  whatsoever. 

(Benefits  of  the   Carnegie    Fund    Allowed,  A.  219,  '08.) 

That  the  Board  of  Supervisors  of  the  Louisiana  State  Univer- 
sity and  Agricultural  and  Mechanical  College  is  hereby  author- 


95 

ized  to  accept  the  offer  of  the  Board  of  Trustees  of  the  Carnegie 
Foundation  to  admit  State  universities  to  the  benefits  of  the  re-- 
tiring  allowance  system  of  said  Foundation. 

(Authority  to  Charge  Tuition    Fees,  A.  227,  '08.) 

That  Section  1  of  Act  No.  152  of  1902,  entitled  "An  Act 
authorizing  the  Board  of  Supervisors  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  to  deter- 
mine the  fees  of  students  or  cadets,"  shall  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

Section  1.  That  the  Board  of  Supervisors  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  shall 
have  power  and  authority  to  determine  what  fees  and  other 
charges  shall  be  paid  by  students  or  cadets;  provided,  that  no 
fee  for  tuition  shall  be  charged  to  any  student  or  cadet  who  is 
a  bona  fide  resident  of  the  State  of  Louisiana  unless  said  student 
or  cadet  be  pursuing  a  special  graduate  or  professional  course 
of  study. 

(Establishing  a   Chair  of  Forestry,  A.  242,  '08.) 

That  it  is  hereby  made  the  duty  of  the  Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  at  Baton  Rouge,  La.,  to  establish  and  maintain  a 
Chair  of  Forestry  in  said  University  for  the  purpose  of  teaching  m 
tlie  care,  protection  and  conservation  of  the  forests  of  this  State. 

STATE    NORMAL    SCHOOL. 

(Objeot;    to  Whom  Open,  S.  1,  A.  73,  '92.) 

(State  Normal  School,  Act  73,  '92;  A.  61,  '86;  A.  23,  '88; 
A.  70,  '02;  A.  91,  '96;  A.  158,  '02;  A.  51,  '84.  See  Constitu- 
tJon,  '98.) 

The  State  Normal  School,  located  at  Natchitoches,  in  the  Par- 
ish of  Natchitoches,  in  conformity  with  Sections  4  and  8  of  Act 
No.  51  of  1884,  shall  have  for  its  object  to  train  teachers  for  the 
public  schools  of  Louisiana,  and  shall  be  open  to  white  persons 
of  either  sex  or  age  and  qualifications  as  may  be  hereinafter 
prescribed. 

(Departments  and  Classes,  S.  6,  A.  73,  '92.) 

The  State  Normal  School  shall  contain  two  departments,  the 
Normal  Department  and  the  Practice  School.  The  course  of 


96 

study  of  the  Normal  Department  may  extend  over  a  period  of 
four  years,  and  shall  embrace  thorough  instruction  and  training 
in  the  history  and  science  of  education,  the  theory  and  practice 
of  teaching,  the  organization  and  government  of  schools  and  such 
other  branches  of  knowledge  as  may  be  deemed  necessary  to  fit 
the  students  for  the  varied  work  of  a  complete  system  of  public 
schools.  The  Practice  School  shall  consist  of  such  grades  or 
classes,  with  such  course  of  study,  as  the  Board  of  Administra- 
tors may  deem  useful  in  giving  the  Normal  students  the  neces- 
sary practice  in  the  art  of  teaching. 

(Qualifications  for  Admission,  S.  7,  A.  73,  '92.) 

Applicants  for  admission  to  the  Normal  Department  must  be 
at  least  fifteen  years  of  age  if  female,  and  sixteen  years  of  age  if 
male;  must  give  satisfactory  evidence  of  good  moral  character 
and  of  requisite  proficiency  in  the  ordinary  branches  of  a  good 
common  school  education ;  and  must  declare  in  writing  their  full 
intention  of  continuing  in  the  school  until  graduation,  unless 
sooner  discharged,  and  of  teaching  in  the  public  schools  of  Louis- 
iana for  at  least  one  year  after  graduation. 

(Tuition    Free,   Except   in   Some   instances,  S.  8,  A.  73,  '92.) 

Tuition  shall  be  free  to  all  students  of  the  Normal  Depart- 
ment who  fulfill  all  the  requirements  imposed  by  Section  7  of 
this  Act,  and  to  the  pupils  of  the  primary  grades  of  the  Practice 
School.  All  other  students  shall  be  charged  such  fees  for  tuition 
as  may  be  prescribed  by  the  board  of  administrators. 

(Beneficiary  Students  to   State  Schools,  A.  158,  '02.) 

Each  police  jury  of  the  several  parishes  of  the  State  shall 
have  the  right  to  delegate  to  the  Louisiana  Industrial  Institute 
at  Huston,  or  the  Southwestern  Louisiana  Industrial  Institute 
at  Lafayette,  or  the  State  Normal  School,  one  female  student, 
and  the  City  of  New  Orleans  shall  have  the  right  to  delegate 
to  said  institutions  one  female  student  from  each  ward  of  said 
city,  said  beneficiaries  to  remain  at  said  institutions  until  grad- 
uated or  otherwise  discharged ;  provided  no  beneficiary  shall  be 
permitted  to  resign  without  the  consent  of  the  board  of  super- 
visors of  the  institute,  which  consent  shall  be  given  only  in  case 
of  urgent  necessity,  such  as  serious  or  long  protracted  ill  health, 


97 

duly  declared  by  certificate  of  the  physician  of  such  institute  or 
other  competent  physician,  to  be  of  such  nature  as  to  render  it 
impossible  for  said  student  to  pursue  her  studies  with  advantage. 

Section  2.  That  the  police  jury  of  each  parish  and  the  city 
council  of  New  Orleans,  respectively,  may  at  a  regular  meeting 
select  said  beneficiaries  subject  to  and  after  competitive  examina- 
tion and  of  such  age  and  qualifications  as  is  prescribed  by  the 
rules  of  such  institutions;  provided  said  beneficiaries  shall  be 
residents  of  such  parish  or  wards  who  have  not  themselves  nor 
have  their  parents  the  means  of  defraying  the  whole  of  the  neces- 
sary expenses  of  maintenance  and  support  at  said  institute, 
which  fact  shall  be  duly  certified  to  by  the  president  of  the  police 
jury  of  said  city. 

Section  3.  That  for  the  maintenance  and  board  of  said  bene- 
ficiaries at  said  institutes,  the  police  jury  of  the  several  parishes 
and  the  city  council  of  New  Gleans  be,  and  are  hereby,  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
students  as  appointed  under  provisions  of  this  act;  provided 
the  expense  of  no  beneficiary  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum. 

(State   Normal   School    Diplomas,  A.  91,  '96.) 

The  Board  of  Administrators  of  the  State  Normal  School  is 
hereby  empowered  to  confer  diplomas  upon  all  graduates  of 
said  school.  This  diploma  shall  entitle  the  holder  to  a  first  grade 
teacher's  certificate  without  examination,  and  shall  be  valid  in 
any  part  of  the  State  for  four  years  from  the  date  of  gradua- 
tion, after  the  expiration  of  which  time  it  may  be  renewed  every 
four  years,  for  the  same  period,  by  said  Board  of  Administrators 
upon  satisfactory  evidence  of  the  ability,  progress  and  moral 
character  of  the  teacher  making  application  for  such  renewal. 
Furthermore,  the  diploma  of  the  State  Normal  School  shall  en- 
title its  holder  to  such  degree  of  preference  in  the  selection  of 
teachers  for  the  public  schools  of  the  State  as  may  be  deemed 
wise  and  expedient  by  the  State  Board  of  Education. 

LOUISIANA  INDUSTRIAL  INSTITUTE 

(Object;    Location;    Privilege,  A,  68,  '94.) 

(Louisiana  Industrial,  Institute,  Act  68,  '94;  A.  158,  '02.  See 
Constitution,  '98.). 


98 

An  Industrial  Institute  and  College  is  hereby  established  for 
the  education  of  the  white  children  of  the  State  of  Louisiana  in 
the  arts  and  sciences.  Said  Institute  shall  be  known  as  "The 
Industrial  Institute  and  College  of  Louisiana,"  and  shall  be 
located  at  Rustor,  Lincoln  Parish,  La.,  provided  said  town  and 
parish  shall  donate  ten  thousand  dollars  ($10,000)  to  said  Insti- 
tute, and  the  same  shall  be  organized  as  hereinafter  provided. 
(See  Constitution  '98.) 

(Branches  to   Be  Taught,   A.  68,  '94.) 

The  said  board  of  trustees  shall  possess  all  the  power  neces- 
sary and  proper  for  the  accomplishment  of  the  trust  reposed  in 
them,  viz :  The  establishment  of  a  first-class  Industrial  Institute 
and  College  for  the  education  of  the  white  children  of  Louisiana 
in  the  arts  and  sciences,  at  which  such  children  may  acquire  a 
thorough  academic  and  literary  education,  together  with  a  knowl- 
edge of  kindergarten  instruction,  of  telegraphy,  stenography  and 
photography,  of  drawing,  painting,  designing  and  engraving  in 
their  industrial  application ;  also  a  knowledge  of  fancy,  practical 
and  general  needle  work;  also  a  knowledge  of  bookkeeping  and 
agricultural  and  mechanical  arts,  together  with  such  other  prac- 
tical industries  as  from  time  to  time  may  be  suggested  to  them 
by  experience,  or  such  as  will  tend  to  promote  the  general  objects 
of  said  Institute  and  College,  to-wit:  Fitting  and  preparing 
such  children,  male  and  female,  for  the  practical  industries  of 
the  age. 

SOUTHWESTERN  LOUISIANA  INDUSTRIAL  INSTITUTE, 


(Object;   Location,  etc.) 

(Southwestern  Louisiana  Industrial  Institute,  A.  362,  '98; 
A.  158,  '02.) 

A  State  Industrial  Institute  is  hereby  established  for  the 
education  of  the  white  children  of  the  State  of  Louisiana  in  the 
arts  and  sciences., 

Said  Institute  shall  be  known  as  the  ' '  Southwestern  Louisiana 
Industrial  Institute,"  and  shall  be  located  in  that  parish  of  the 
13th  Senatorial  District  which  will  offer  the  best  inducement 


99 

therefor  to  the  Board  of  Trustees,  said  location  to  be  made  by 
the  Board  to  be  appointed  under  this  Act,  provided  that  the 
parish  selected  for  the  location  of  said  Institution  shall  donate 
not  less  than  twenty-five  acres  of  land  and  five  thousand  dollars 
to  said  Institution,  and  the  same  shall  be  organized  as  herein- 
after provided;  provided  further,  that  in  case  two  or  more  of 
said  parishes  offer  the  same  inducements  then  the .  Board  of 
Trustees,  shall  select,  by  majority  vote,  the  most  suitable  loca- 
tion and  make  report  thereof  to  the  General  Assembly  of  the 
State  of  Louisiana,  at  its  next  session,  together  with  such  recom- 
mendations as  may  be  conducive  to  the  best  interests  of  said 
institution. 

(Branches  Taught,  etc.) 

The  Board  of  Trustees  shall  possess  all  the  powers  necessary 
and  proper  for  the  accomplishment  of  the  trust  reposed  in  them, 
viz :  The  establishment  of  a  first-class  Industrial  Institute  for  the 
education  of  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  which  such  children  may  acquire  a  thorough  academic 
and  literary  education,  together  with  a  knowledge  of  kinder- 
garten instruction,  of  telegraphy,  stenography  and  photography 
or  drawing,  painting,  designing  and  engraving  in  their  industrial 
applications;  also  a  knowledge  of  fancy,  practical  and  general 
needle-work;  also  a  knowledge  of  bookkeeping  and  agricultural 
and  mechanical  art,  together  with  such  other  practical  industries 
as  from  time  to  time  may  be  suggested  to  them  by  experience,  or 
such  as  will  tend  to  promote  the  general  object  of  said  Institute, 
viz :  Fitting  and  preparing  such  children,  male  and  female,  for 
practical  industries  of  life. 

LOUISIANA  STATE  SCHOOL  FOR  THE  BLIND. 

(Louisiana  State  School  for  the  Blind,  A.  92,  71;  A.  49,  '88; 
A.  145,  '98,  amended  by  A.  238,  '08 ;  A.  166,  '98 ;  A.  196,  '02.) 

There  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  blind,  to  be 
known  as  the  "Louisiana  Sta.te  School  for  the  Blind." 

(Objects  of  rthe    Institution.)         , 

They  shall  receive,  instruct  and  support  in  the  Institution 


100 

all  persons  blind,  or  of  such  defective  vision  as  not  to  be  able 
.to  acquire  an  education  in  the  ordinary  schools,  between  the 
ages  of  seven  and  twenty-two  years,  of  sound  mind  and  proper 
health  of  body,  and  residents  of  the  State.  Such  persons  shall 
receive  instructions  and  be  provided  with  board,  lodging,  medi- 
cine and  medical  attendance  at  the  expense  of  the  institution 
and  if  in  such  indigent  circumstances  as  to  render  it  necessary* 
shall  also  be  furnished  with  clothing  and  traveling  expenses  to 
and  from  the  Institution  upon  a  certificate  to  that  effect  from 
the  president  of  the  police  jury  of  the  parish,  or  the  mayor  of 
the  city  or  town,  in  which  they  reside. 

(How   Long    Pupils   May   Remain.) 

Persons  admitted  as  pupils  under  fourteen  years  of  age  may 
continue  in  the  institution  ten  years :  if  over  fourteen  and  under 
seventeen  years  of  age,  they  may  continue  eight  years;  and  if 
over  seventeen  years  of  age,  they  may  continue  five  years;  pro- 
vided the  board  may  in  any  case  extend  the  term  two  years. 

LOUISIANA  STATE  SCHOOL  FOB  THE  DEAF. 

(Louisiana  State  School  for  the  Deaf,  A.  88,  '71 ;  A.  166;  '98, 
amended  by  Act  239,  '08;  A.  196,  '02.  See  Constitution  '98.) 

The  institution  heretofore  known  as  the  Louisiana  Institution 
for  the  Deaf  and  Dumb  and  the  Blind,  located  at  Baton  Rouge, 
in  this  State,  be  and  the  same  is  hereby  reorganized  by  the  pro- 
visions of  this  act  for  the  exclusive  benefit  of  the  deaf  and  dumb. 

That  there  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  deaf  and 
dumb,  to  be  known  as  the  * '  Louisiana  State  School  for  the  Deaf. ' ' 

(Admission  of  Pupils,  A.  166,  '98.) 

They  shall  receive,  instruct  and  support  in  the  institution  all 
persons  deaf  and  dumb,  or  of  such  defective  speech  or  hearing  as 
not  to  be  able  to  acquire  an  education  in  the  ordinary  schools, 
between  the  ages  of  eight  and  twenty-two  years,  of  sound  mind 
and  proper  health  of  body,  and  residents  of  the  State.  Such 
persons  shall  receive  instruction  and  be  provided  with  board, 
lodging,  medicine  and  medical  attendance  at  the  expense  of  the 
institution,  and  if  in  such  indigent  circumstances  as  to  render 


101 

it  necessary,  shall  also  be  furnished  with  clothing  and  traveling 
expenses  to  and  from  the  Institution,  upon  a  certificate  to  that 
effect  from  the  president  of  the  Police  Jury  of  the  parish,  or 
the  mayor  of  the  city,  or  town,  in  which  they  reside. 

(Age  of  Admission.) 

The  persons  admitted  as  pupils  under  fourteen  years  of  age 
may  continue  in  the  institution  ten  years;  if  over  fourteen  and 
under  seventeen  years  of  age,  they  may  continue  eight  years; 
if  over  seventeen  years' of  age,  they  may  continue  five  years; 
provided,  the  board  may  in  any  case  extend  the  term  two  years. 

(Branches  Taught.) 

.The  institution  shall  provide  all  the  requisite  facilities  for 
acquiring  a  good  literary  education,  instruction  in  hygiene  and 
physical  culture  and  an  industrial  department  in  which  instruc- 
tion shall  be  given  in  such  trades  as  may  be  best  suited  to  render 
the  pupils  self-sustaining  citizens. 

DECISIONS  OF  SUPREME  COURT. 


(Discipline.) 

Moderate  restraint  and  correction  of  a  pupil  by  a  teacher  is 
not  an  offense,  but  is  authorized  by  law,  and  the  authority  of 
the  teacher  is  not  limited  to  the  time  the  pupil  is  at  the  school- 
room or  under  the  actual  control  of  the  teacher.  (Bolding  vs. 
Texas,  4  S.  W.,  579.) 

"The  teacher  is  loco  parentis,  and  authority  is  necessarily 
surrendered  to  him  for  proper  government  of  the  school."  (Mor- 
row vs.  Wood,  American  Law  Register,  N.  S.  X.  3,  692.) 

Relative  to  punishment,  the  calm  and  honest  judgment  of  the 
teacher,  as  to  the  requirement,  should  have  great  weight  in  mat- 
ters of  discipline  as  in  the  case  of  a  parent  under  similar  circum- 
stances. (American  Daw  Register,  Van  Vacter  vs.  State;  July 
number,  1888.  Discipline  in  School.) 

It  is  the  duty  of  a  teacher  to  maintain  proper  discipline  in 
school,  and  the  extent  of  his  authority  in  that  direction  is  dis- 
cussed. (Law  Register,  N.  S.  Vol.  XIII,  p.  716.) 

(District  Attorneys  Not  Entitled  to  20  Per  Cent  Commission  on   Fines.) 

Syllabus :    Whilst  it  is  well  settled  that  repeals  by  implication 


102 

are  not  favored,  it  is  equaly  well  settled  that,  in  determining 
whether  one  law  conflicts  with  another,  it  is  necessary  to  con- 
sider the  purposes  of  both,  and  if  it  appears  that  the  purpose  of 
the  law  last  enacted  is  to  cover  the  whole  subject  matter  dealt 
with  by  and  to  modify  or  supercede  those  previously  enacted, 
their  modification  or  supercession  results  and  must  be  declared. 

2.  The  purpose  of  Act  No.  96  of  1880  was  to  deal  with  the 
whole  subject  of  the  duties  and  compensation  of  district  attor- 
neys, and  whilst  there  may  have  been  some  provisions  of  the 
then  existing  law  which  escaped  its  operation,  it  so  modified  and 
superceded  that  law  as  to  preclude  any  recovery  by  the  district 
attorneys  of  the  one-fifth  part  of  the  fines  imposed,  after  deduct- 
ing the  commission  of  the  sheriff,  in  addition  to  the  fee  provided 
by  Section  3  of  said  act. 

3.  Articles  125  and  180  of  the  Constitution,  whether  taken 
separately  or  together,  are  not  susceptible  of  the  construction 
that  they  intend  to  allow  district  attorneys  to  collect  commis- 
sions, as  contradistinguished  from  fee,  or  fees,  save  as  provided 
for  by  the  Constitution  itself. 

It  is  therefore  ordered,  adjudged  and  decreed,  that  the  judg- 
ment of  the  Court  of  Appeal  which  is  here  made  the  subject  of 
review  be  annulled;  that  the  judgment  of  the  District  Court, 
which  was  thereby  affirmed,  be  likewise  annulled,  avoided  and 
reversed,  and  that  relator's  demand  be  rejected  and  this  pro- 
ceeding dismissed  at  his  cost.  (State  ex  rel.  Edwin  Broussard, 
District  Attorney,  vs.  George  Henderson,  Sheriff,  120  Ann.  535.) 

(Taxes  Collected  for  School    Purposes   Must   Be  Turned   Over  to  School 
Board.) 

Taxes  collected  for  school  purposes  should  be  turned  over  to 
the  school  board  from  time  to  time  as  received.  (Parish  Board 
of  School  Directors  of  Iberia  Parish  vs.  Police  Jury  of  Iberia 
Parish,  123d  Ann.,  416.) 

(Property    Exempt  from    Taxation    by    Constitution    Also    Exempt   from 
Special  School  Tax.) 

The  special  school  tax  authorized  by  Constitution  Art.  232, 
is  not  a  special  assessment,  and  property  exempt  from  taxation 
by  the  Constitution  is  not  subject  to  it.  (Louisiana  &  N.  W. 
R.  R.  Co.  vs.  State  Board  of  Appraisers.  120th  Ann.,  471.) 


103 

(Members  of  Partnership    Entitled   to  Vote   Upon    Firm's  Assessment   in 
Special  Tax  Elections.) 

Individual  members  of  a  partnership  held  entitled  to  vote 
upon  the  firm's  assessment  in  a  special  tax  election  held  under 
Constitution  Art.  232.  (Smith  vs.  Parish  Board  of  'School  Di- 
rectors, 125th  Ann.,  987.) 

(Persons  Not  Entitled  to  Vote  Upon  Assessment  of  Property  Sold.) 

A  person  appearing  as  owner  of  property  on  the  assessment 
rolls,  but  who  has  sold  it  when  an  election  was  held  under  Con- 
stitution Art.  232,  held  not  entitled  to  vote  thereat.  (Smith  vs. 
Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Special  Tax   Not  Set  Aside  by  Legal   Votes  Cast   Without  Proper  Evi- 
dence.) 

A  special  tax  election  under  Constitution  Art.  232,  held  not 
to  be  set  aside  because  the  commissioner  of  election  received  votes 
without  proper  evidence,  where  such  votes  were  legal.  (Smith 
vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Right  of  Widows  to  Vote  Community   Property.) 

To  entitle  widows  to  vote  at  a  special  tax  election  held  under 
Constitution  Art.  232,  as  owners  of  community  property,  their 
rights  must  clearly  appear  by  judgment  or  order  of  court. 
(Smith  vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(School   Houses,  as  Such,   Built  by   Means  of  Special   Tax,   Can    Not   Be 
Converted    Into  Theatre.) 

Citizens  who  have  voted  to  tax  themselves  for  a  specific  work 
of  public  improvement,  the  value  of  which  is  fixed  at  $20,000, 
have  a  standing  in  court  to  complain  that  the  property  acquired 
is  not  being  used  for  the  purpose  contemplated,  and  this  court, 
in  such  case,  has  jurisdiction  of  the  appeal.  "Where  a  vote  has 
been  taken  upon  a  proposition  to  impose  a  tax  to  build  a  school- 
house,  and  has  been  favorably  acted  on,  and  a  building  has  been 
constructed  with  the  proceeds  of  bonds  predicated  upon  such  a 
tax,  it  would  be  a  breach  of  faith  to  allow  such  building  to  be 
converted  into  a  theatre,  or  to  be  used  for  the  purpose  of  giving 
theatrical  performances,  as  a  business,  whether  in  combination 
with  its  use  for  school  purposes  or  otherwise.  It  is,  however, 
within  the  discretion  of  the  municipal  authorities  having  control 


104 

of  the  property  to  make  such  casual  and  incidental  use  of  it  as 
may  not  be  inconsistent  with  or  prejudicial  to,  the  main  purpose 
for  which  it  was  acquired ;  and  changed  conditions,  in  the  future, 
may  justify  its  use  for  some  other  purpose,  (Sugar  vs.  City  of 
Monroe,  108th  Ann.,  677.) 
i 

SANITARY  REGULATIONS  OF  THE  LOUISIANA  STATE 

BOARD  OF  HEALTH,  CONCERNING  HYGIENE 

AND  SANITATION  OF  SCHOOLS. 


SANITARY  CODE,  STATE  OF  LOUISIANA,  SECTION  250. 


NOTE. — By  Act  192  of  1898  the  State  Board  of  Health  is  authorized  to 
enact  regulations  which  are  binding  upon  the  public. 

(Parish    Board   and  Superintendent  to   Enforce   Rules  and    Regulations.) 

The  parish  or  municipal  school  board,  and  the  parish  super- 
intendent of  schools,  shall  be  held  responsible  for  the  execution 
and  enforcement  of  the  following  rules  and  regulations,  and  all 
other  health  laws  governing  the  hygiene  of  the  schoolroom  and 
the  premises  of  the  schools  under  their  respective  jurisdictions. 

(Plans  for  Schoolhouses  to  Be  Submitted  to  State  Superintendent,  Par- 
ish  Superintendent  and    Parish    Health   Officer.) 

Plans  and  specifications  for  every  schoolhouse  hereafter 
erected  in  the  State  must  be  submitted  to  the  parish  superin- 
tendent of.  schools,  and  to  the  State  Superintendent  of  Educa- 
tion, and  also  to  the  parish  health  officer,  that  it  may  be  deter- 
mined whether  every  hygienic  or  necessary  provision  is  made, 
especially  with  reference  to  ventilation,  light  and  protection 
against  fire. 

(School   House  Floor  Dressing  to  Be  Used.) 

Section  122  (par.  e),  revised  January  18,  1915: 
"The  floors  of  every  school  must  be  treated  with  some  anti- 
septic floor  dressing.  Applications  to  be  made  at  sufficient  in- 
tervals to  keep  down'  effectually  the  dust ;  floors  to  be  scrubbed 
thoroughly  before  application.  Manufacturers  and  dealers  in 
submitting  floor  dressings  for  use  in  schools  must  give  to  the 
State  Board  of  Health  satisfactory  evidence  from  reputable 
bacteriologists,  together  with  a  guarantee,  that  the  materials  are 
efficient. ' ' 


105      • 

(Governing  the  Treatment  and  Sweeping  of  Floors  and  Wiping  of  Fur- 
niture,  etc.) 

The  floors  of  every  school  must  be  swept  daily,  sweeping  to 
be  done  after  all  pupils  have  left  the  building.  All  windows 
must  be  thrown  open  and  schoolhouse  thoroughly  aired  after 
cleaning. 

All  desks,  wainscoting,  window  sills  and  baseboards  in  every 
schoolhouse  in  the  State  must  be  wiped  off  daily  with  a  cloth 
moistened  with  1-2000  bichloride  of  mercury,  or  3  per  cent  car- 
bolic acid  solution. 

(Regulating    Ventilation    and    Light.) 

Every  schoolhouse,  public  or  private,  or  other  building  used 
for  school  purposes,  shall  be  ventilated  in  such  manner  as  to 
afford  eighteen  hundred  cubic  feet  of  air  per  hour  for  each 
adult,  and  a  proportionate  amount  for  each  child,  and  shall 
contain  not  less  than  two  hundred  cubic  feet  of  air  space  for 
each  child  to  be  taught  therein.  Windows  and  transoms  shall 
be  so  constructed  that  windows  may  be  lowered  from  the  top 
and  transoms  opened.  Every  schoolhouse  must  be  lighted  in 
such  a  manner  as  to  minimize  the  eye  strain.  Each  room  must 
contain  of  actual  surface  of  glass  in  the  windows  not  less  than 
one-seventh  of  the  floor  space. 

(Regulating  the   Swinging  of  Doors.) 

All  doors  except  those  which  slide  into  wall  pockets  shall 
open  outward  and  all  partition  doors  shall  be  hung  on  double- 
action  hinges. 

(Spitting  on   Floors  Strictly  Prohibited.) 

Spitting  on  floors,  walls,  etc.,  must  be  strictly  prohibited  and 
anti-spitting  placards  placed  in  every  room. 

(Teachers   MusA   Furnish    Health   Certificates.) 

No  person  suffering  from  any  communicable  disease  shall  be 
employed  as  teacher  or  janitor  in  any  public* school  in  this  State. 
At  the  opening  of  each  annual  term  teachers  must  furnish  a 
health  certificate  from  a  registered  physician,  addressed  to  the 
parish  superintendent  of  schools,  certifying  that  they  are  not 
suffering  from  tuberculosis  or  other  communicable  disease. 


106 

(Vaccination    Required    of    Pupils.) 

No  one  shall  be  entered  as  a  pupil  in  the  public  schools  of 
this  State  without  first  having  presented  to  the  principal  in 
charge  a  certificate  from  a  registered  physician  of  Louisiana, 
certifying  that  within  the  preceding  five  years  the  applicant  was 
successfully  vaccinated. 

Three  unsuccessful  attempts  at  vaccination  with  a  proven 
virus  shall  be  accepted  as  an  immunity  of  one  year. 

Pupils  are  required,  at  the  end  of  each  five  years,  to  renew 
their  vaccination  certificates. 

(Pupils  Suffering   with    Communicable    Diseases  to    Be    Excluded.) 

No  pupil  suffering  from  any  communicable  disease  shall  be 
permitted  to  attend  the  public  schools  of  this  State.  The  prin- 
cipal or  the  teacher  has  the  right  to  exclude  any  child  from  the 
schools  whom  they  suspect  of  suffering  from  any  communicable 
disease,  pending  examination  and  report  of  a  registered  physi- 
cian. 

(School.  Houses  to   Be  Disinfected.) 

All  schoolrooms  in  the  State  must  be  disinfected  before  the  be- 
ginning of  each  school  session  with  the  formaldehyde-permangan- 
ate of  potash  mixture  as  indicated  in  the  bulletin  of  disinfection. 

(On   Appearance  of  Communicable   Diseases,   Schools   Must    Be   Closed.) 

On  the  appearance  in  a  school  of  any  communicable  disease, 
either  among  the  pupils,  teachers  or  attendants,  the  school  shall 
be  closed  immediately  and  fumigated  before  reopening. 

(School   Premises  Shall   Be   Drained.) 

The  school  premises  shall  be  thoroughly  drained  and  no  stag- 
nant water  permitted  to  collect.  In  towns  with  a  drainage  system 
or  where  an  outflow  is  possible,  the  school  site  and  the  entire  area 
of  the  ground  shall  be  properly  drained,  so  as  to  reduce  the 
ground  water  level,  and  the  drainage  effected  in  such  a  manner  as 
not  to  contaminate  with  its  effluvia  any  well,  cistern  or  other 
source  of  drinking  water. 

(Abundant  Supply   of   Pure   Drinking   Water.) 

Every  school  must  be  supplied  with  an  abundance  of  pure 
drinking  water  for  drinking  purposes.  Where  water  is  used 
from  surface  wells,  said  wells  must  be  located  at  least  100  feet 
from  any  closet. 


107 

(Open    Receptacles   for   Water  and    Common   Cups    Prohibited.) 

The  use  of  open  receptacles  for  drinking  water  in  schools, 
and  also  of  dippers  or  cups  for  common  drinking  purposes,  is 
prohibited.  The  school  authorities  must  supply  for  holding 
drinking  water  covered  containers  with  faucets,  which  contain- 
ers must  be  scoured  daily  when  in  use.  All  teachers  and  pupils 
must  provide  themselves  with  individual  drinking  cups  or  glasses. 
In  towns  or  cities  where  there  is  a  public  water  supply  a  sanitary 
drinking  fountain  shall  be  installed. 

(Garbage  Can    Required;     Emptied    Daily.) 

Every  school  in  this  State  must  have  a  sufficient  number  of 
trash  or  garbage  cans  for  the  convenience  of  the  pupils,  teachers 
and  employees,  and  said  trash  or  garbage  cans  must  be  kept 
closed,  and  emptied  daily. 

(Lectures  for  State   Institutions  and  Teachers'   Institutes.) 

The  State  Board  of  Health  will,  when  desired  by  the  State 
institutions  of  learning,  or  the  State  pedagogical  institutes,  or 
the  agricultural  institutes,  send  a  lecturer  to  deliver  a  series  of 
lectures  on : 

1.  Personal  hygiene. 

2.  School  hygiene. 

3.  Principles  and  practical  of  physical  training. 

4.  Drug  and  alcohol  addictions. 

5.  Contagious  and  infectious  diseases ;  cause  and  prevention. 

6.  Hygiene  of  the  home  and  farm. 

(Parish   Superintendents'    Monthly   Report  to  State  Board  of   Health.) 

The  principal  of  each  school  in  the  State,  except  in  cities 
where  there  is  employed  a  regular  medical  inspector,  shall  make 
a  monthly  report  to  the  parish  superintendent  of  schools  on  the 
sanitary  condition  of  the  school  building  and  surroundings,  also 
the  physical  condition  of  the  school  children.  Blank  reports  for 
this  purpose  will  be  furnished  by  the  Louisiana  State  Board  of 
Health.  Parish  superintendents  of  schools  shall  forward  these 
reports  to  the  Louisiana  State  Board  of  Health  within  ten  days 
after  their  receipt  by  him. 

ACT    No.    17    OF    1914. 

Section  1.  A  parish  board  of  school  directors  as  the  govern- 
ing body  shall  have  authority  to  create  at  any  time  school  districts 


108 

composed  of  an  entire  parish,  a  ward,  two  or  more  wards,  parts  of 
two  or  more  wards,  part  of  an  existing  school  district,  parts  of 
two  or  more  existing  school  districts,  or  any  other  portion  of  a 
parish;  and  the  parish  board  of  school  directors  shall  have  ex- 
clusive authority  to  order,  hold  and  conduct  in  any  school  district 
so  created  and  named  or  any  school  district  already  created  spe- 
cial elections  for  the  purpose  of  raising  additional  funds  in  aid  of 
the  public  schools,  or  to  be  authorized  to  issue  school  bonds  for 
the  purpose  of  securing  funds  to  be  used  in  erecting  and  equip- 
ping school  buildings,  said  elections  to  be  held  under  the  provi- 
sions of  the  Constitution  of  the  State  of  Louisiana  and  all  laws 
governing  such  elections. 

ACT    No.    44    OF    1914. 

Section  1.  Whenever  any  school  land  or  lands,  or  school 
section  or  sections,  are  located  within  the  boundaries  of  any 
game,  fish  or  bird  preserve  or  propagating  ground  or  nesting 
place,  whether  public  or  private,  established  or  designated,  or 
which  may  be  hereafter  established  or  designated  as  such  by  the 
Conservation  Commission,  by  and  with  the  consent  of  the  Parish 
Board  of  School  Directors,  or  under  its  authority,  or  whenever 
any  school  land  or  lands,  or  school  section  or  sections  are  imme- 
diately contiguous  or  adjoining  any  such  game,  fish  or  bird  pre- 
serve or  propagating  ground  or  nesting  place,  it  shall  be  un- 
lawful for  any  person  to  kill,  snare  or  pursue  with  intent  to  take 
or  kill  by  any  means,  or  to  have  in  possession  any  wild  animal 
or  bird  from  or  upon  any  such  school  land  or  lands,  or  school 
section  or  sections. 

The  killing  or  pursuing  with  intent  to  kill,  snare  or  take,  or 
the  having  in  possession  of  each  wild  animal  or  bird  on  any  such 
school  land  or  lands,  or  school  section  or  sections,  shall  constitute 
a  separate  offense. 

This  section  shall  not  prohibit  the  Conservation  Commission 
from  killing  or  having  killed,  any  wolves,  wildcats  or  other  ob- 
noxious animals  on  any  such  school  land  or  lands,  or  school  sec- 
tion or  sections,  or  from  having  caught  or  ensnared  any  wild 
animals  or  birds  on  such  school  land  or  lands,  or  school  section 


109 

/ 

or  sections,  for  the  purpose  of  propagation,  re-stocking,  educa- 
tional purposes  or  scientific  investigation. 

Section  2.  A  person  who  violates  any  provision  of  this  Act 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of 
not  less  than  Five  and  00/100  ($5.00)  Dollars,  nor  more  than 
One  Hundred  and  00/100  ($100.00)  Dollars,  with  costs  of  suit, 
for  each  offense  or  trespass,  to  be  imposed  by  any  Court  of  com- 
petent jurisdiction. 

ACT    No.    55    OF    1914. 

Section  1.  The  Boards  of  School  Directors  of  the  Parishes,  of 
the  State,  and  Mayors  and  Boards  of  Aldermen  or  Councils  or 
Commissioners  of  the  cities,  towns  and  villages  of  the  State  are 
hereby  authorized  and  empowered  to  appropriate,  from  time  to 
time,  sums  of  money,  not  exceeding  one-third  of  the  fines  and 
forfeitures  derived  from  unlawful  sale  or  keeping  for  sale  of 
intoxicating  liquors,  widen  are  collected  and  paid  over  to  them 
respectively,  during  the  calendar  year  immediately  preceding 
that  in  which  the  appropriation  is  made,  for  the  purpose  of  pro- 
curing evidence  of  the  violations  of  the  statutes  or  ordinances,  as 
the  case  may  be,  against  the  unlawful  sale  or  keeping  for  sale  of 
intoxicating  liquors. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT    No.   27    OF    1916. 

Section  1.  Be  it  enacted  by  the  'General  Assembly  of  'the  State 
of  Louisiana,  That  from  and  after  September  the  first,  1916, 
every  parent,  guardian,  or  other  person  residing  within  the  State 
of  Louisiana,  having  control  or  charge  of  any  child  or  children 
between  the  ages  of  seven  and  fourteen  years,  both  inclusive, 
shall  send  such  child  or  children  to  a  public  or  private  day  school 
under  such  penalty  for  non-compliance  herewith  as  is  hereinafter 
provided. 

Section  2.  Be  it  further  enacted,  etc.,  That  the  minimum  ses- 
sion of  attendance  required  under  this  Act  shall  be  one  hundred 
forty  days,  or  for  the  full  session  of  the  public  schools  where  the 
public  school  session  is  one  hundred  forty  days  or  less,  and  chil- 
dren shall  be  required  to  enter  school  not  later  than  two  weeks 
after  the  opening  of  the  session  or  term. 

Section  3.  Be  it  further  enacted,  etc.,  That  the  following 
classes  of  children  between  the  ages  of  seven  and  fourteen  years 


110 

shall  be  exempted  from  the  provisions  of  this  Act,  the  Parish 
School  Board  to  be  the  sole  judge  in  all  such  cases ;  (a)  Children 
mentally  or  physically  incapacitated  to  perform  school  duties; 
(b)  Children  who  have  completed  the  elementary  course  of 
study ;  (c)  Children  living  more  than  two  and  one-half  miles  from 
a  school  of  suitable  grade  and  for  whom  free  transportation  is  not 
furnished  by  the  School  Board;  (d)  Children  for  whom  adequate 
school  facilities  have  not  been  provided ;  (e)  Children  whose  serv- 
ices are  needed  to  support  widowed  mothers. 

Section  4.  Be  it  further  enacted,  etc.,  That  all  cases  of  viola- 
tion of  the  foregoing  provisions  by  any  parent,  guardian,  or  other 
person  having  control  of  children,  shall  be  tried  in  the  proper 
courts  having  jurisdiction,  and  the  penalty  for  every  violation  of 
any  of  said  provisions  shall  be  a  fine  not  exceeding  ten  dollars, 
or  not  exceeding  ten  days  in  jail,  or  both,  at  the  discretion  of  the 
Court. 

Section  5.  Be  it  further  enacted,  etc.,  That  all  cases  of  non- 
attendance  of  children  at  schools,  as  above  required,  which  is  not 
due  to  the  fault  of  the  parent,  guardian  'or  other  person  having 
control  of  such  children,  on  account  of  failure  to  comply  with  the 
foregoing  provisions,  but  is  due  to  truancy  on  the  part  of  the 
child  or  children  shall  be  considered  as  delinquency  and  such 
child  or  children  shall  be  reported  to  the  Juvenile  Court  as  de- 
linquent children,  there  to  be  dealt  with  in  such  manner  as  the 
Judge  of  said  court  may  determine,  either  by  placing  said  delin- 
quents in  a  public  or  private  asylum,  home  or  other  public  institu- 
tion, where  schooling  may  be  provided  for  said  children,  or  other- 
wise. 

Section  6.  Be  it  further  enacted,  etc.,  That  truancy  as  herein 
used  is  defined  to  be  absence  from  school  for  more  than  one  week 
without  cause. 

Section  7.  Be  it  further  enacted,  etc.,  That  parish  school  boards 
shall  have  authority  to  furnish  textbooks  free  to  children  whose 
parents  or  guardians  are  unable  to  provide  same. 

Section  8.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be  and  the  same 
are  hereby  repealed. 

ACT    No.   72    OF    1916. 

Resolved:  By  the  House  of  Representatives,  the  Senate  Con- 
curring: That  the  Governor  of  the  State  be  and  is  hereby  em- 
powered and  authorized  to  name  a  commission  of  Five  residents 
of  the  State  of  Louisiana,  to  take  into  consideration  the  feasibility 
and  the  advisability  of  establishing  an  institution  for  the  care 
and  training  of  the  Deaf,  Dumb  and  Blind  of  the  Negro  Race 
of  the  State  of  Louisiana. 


111 

Be  it  further  resolved :  That  this  commission  shall  serve  with- 
out pay  or  compensation  whatever  from  the  State,  and  it  shall 
report  to  the  next  session  of  the  General  Assembly  such  recom- 
mendations as  to  the  location,  cost  and  working  plan  of  such 
institution  as  may  seem  wise  and  proper,  in  case  it  shall  be  de- 
termined to  establish  such  an  institution. 

ACT    No.    91    OF    1916. 

Section  1.  Be  it  resolved  by  the  General  Assembly  of  the  State 
of  Louisiana,  two-thirds  of  all  the  members  elected  to  each  house 
concurring,  that  Article  210  of  the  Constitution  be  amended  so 
as  to  read  as  follows : 

Article  210 :  No  person  shall  be  eligible  to  any  office,  State, 
Judicial,  Parochial,  municipal  or  ward,  who  is  not  a  citizen  of 
this  State,  and  a  duly  qualified  elector  of  the  State,  Judicial  Dis- 
trict, municipality  or  ward;  wherein  the  functions  of  the  said 
office  are  to  be  performed;  provided,  that  resident  women  over 
the  age  of  twenty-one  years  shall  be  eligible  to  hold  the  office 
of  Factory  Inspector  and  any  office  connected  with,  the  educa- 
tional, eleemosynary,  penal  and  correctional  systems  of  the  State, 
Parish,  Ward,  municipality,  or  any  other  political  division  of  the 
State.  And  whenever  any  officer,  State,  Judicial,  Parochial,  mu- 
nicipal, or  ward,  may  change  his  or  her  residence  froni  this  State, 
or  from  the  district,  parish,  municipality  or  ward  in  which  he 
or  she  holds  such  office,  the  same  shall  thereby  be  vacated  any 
declaration  of  retention  of  domicile  to  the  contrary  notwithstand- 
ing. 

Section  2.  Be  it  further  resolved,  etc.,  That  this  proposed 
amendment  be  submitted  to  the  electors  of  the  State  of  Louisi- 
ana for  their  approval  or  rejection,  as  required  by  Article  231 
of  the  Constitution  of  the  State  of  Louisiana  and  the  general  elec- 
tion laws  of  this  State  'in  November,  1916. 

Section  3.  Be  it  further  resolved,  etc.,  That  on  the  official 
ballot  to  be  used  at  the  said  election  shall  be  placed  the  words 
' '  For  the  proposed  amendment  to  Article  210  of  the  Constitution 
relative  to  women,"  and  the  words  " Against  the  proposed 
amendment  to  Article  210  of  the  Constitution  relative  to  wom- 
en," and  each  elector  shall  indicate,  as  provided  in  the  general 
election  laws  of  the  State  whether  he  votes  for  or  against  the 
said  amendment. 

ACT    No.    120    OF    1916. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  there  shall  be  a  State  Board  of  Edu- 
cation of  six  members,  five  appointed  at  large  by  the  Governor 
and  not  subject  to  removal  by  the  Governor.  The  Governor. 


112 

in  providing  -for  the  first  State  Board  of  Education  under  this 
Act,  shall  appoint  one  member  for  a  term  of  five  years,  one  for 
four  years,  one  for  three  years,  one  for  two  years,  and  one  for 
one  year.  The  sixth  member  shall  be  the  State  Superintendent 
of  Public  Education^  After  the  first  Board  all  members  of  the 
State  Board  of  Education  shall  be  appointed  for  terms  of  five 
years.  The  State  Board  of  Education  shall  be  a  body  politic, 
and  Corporate  by  the  name  and  style  of  the  Louisiana  State 
Board  of  Education,  with  authority  to  sue  and  defend  suits  in 
all  matters  relating  to  the  public  schools  not  within  the  juris- 
diction o<f  the  parish  school  boards,  as  hereinafter  provided. 
The  appointive  members  of  the  Board  shall  receive  as  com- 
pensation for  their  service  in  attending  meetings  of  the  Board, 
their  actual  traveling  expenses  and  per  diem  for  the  number 
of  days  that  the  Board  is  in  session,  the  same  as  members  of 
tne  State  Legislature,  payable  on  their  warrants,  approved 
by  the  President  and  Secretary  of  the  Board,  out  of  the  cur- 
rent school  'fund.  The  Governor  shall  fill  by  appointment  all 
vacancies  on  the  Board. 

Section  2.  Be  it  further  enacted,  etc.,  That  the  Board  shall 
elect  from  its  membership  a  President  and  a  Vice  President, 
whose  terms  of  office  shall  be  fixed  by  the  Board,  not  to  exceed 
five  years.  The  State  Superintendent  shall  be  Secretary  of  the 
Board.  The  Board  shall  meet  on  or  before  the  first  Monday  in 
December  of  each  year,  and  at  other  times  when  called  by  the 
President.  The  acts  of  the  Board  shall  be  attested  by  the  signa- 
ture of  the  President  and  Secretary  of  the  Board.  All  papers, 
documents  and  records  appertaining  to  the  Board  shall  be 
filed  by  the  Secretar}^  of  the  Board  in  the  offices  of  the  State 
Superintendent  of  Public  Education.  The  Board  may  direct 
that  the  proceedings  of  the  State  Board  of  Education  be  pub- 
lished in  the  official  journal  of  the  State  or  in  an  official 
pamphlet. 

Section  3.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  shall  prepare  rules,  by-laws  and  regulations  for 
the  government  of  the  public  schools  of  the  State,  which  shall 
be  enforced  by  the  parish  superintendents  and  the  several 
parish  school  boards,  and  shall  give  such  directions  as  it  may 
deem  proper  as  to  the  branches  of  study  which  shall  be  taught 

The  State  Board  of  Education  shall  strictly  enforce  a  uni- 
formity of  textbooks  in  all  of  the  public  schools  of  the  State, 
and  shall  adopt  a  list  thereof,  jvhich  shall  remain  unchanged 
for  six  years  after  such  adoption.  Not  more  than  three  subjects 
or  parts  of  subjects  of  the  elementary  grades  and  not  more 
than  two  of  the  following  high  school  subjects  can  be  changed 
at  any  one  adoption,  to- wit :  Algebra,  English  Grammar,  Com- 


113 

position  and  Rhetoric,  Botany,  Zoology,  Chemistry,  Geometry, 
American  History,  Ancient  History,  Mediaeval  and  Modern 
History,  and  of  the  remaining  high  school  subjects,  not  more 
than  five  can  be  changed  at  any  adoption,  provided  that  any 
textbook  used  in  the  schools  of  this  State  may  be  changed  at 
any  time  upon  the  written  application  of  forty  parish  school 
boards,  as  per  resolution  of  said  boards  duly  certified  to  the 
State  Board  of  Education. 

All  contracts  for  the  adoption  of  textbooks  for  use  in  the 
public  schools  shall  cover  a  period  of  six  years.  The  adoption 
of  elementary  textbooks  and  high  school  books  shall  be  made 
at  periods  three  years  apart.  The  mode  of  procedure  for  the 
announcement  of  bids,  awarding  of  contracts,  location  .  of  de- 
positories for  the  distribution  of  school  textbooks  and  all  other 
matters  connected  with  the  adoption  and  distribution  of  text- 
books shall  be  left  to  the  State  Board  of  Education. 

Section  4.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  may  require  reports  to  be  made  by  the  Parish 
superintendent  and  teachers  whenever  the  interests  of  the  pub- 
lic schools  indicate  the  necessity  of  other  reports  than  are  now 
required. 

Section  5.  Be  it  further  enacted,  etc.,  That  there  shall  be 
elected  by  the  qualified  voters  of  each  police  jury  ward  of  the 
several  parishes  of  the  State  a  member  of  the"  school  board  of 
such  parish  for  each  police  juror  in  said  ward,  whose  term  of 
office  shall  be  for  a  period  of  six  (6)  years.  The  first  election 
above  provided  *for  the  purpose  of  electing  successors  to  such 
members  of  the  school  boards  of  the  several  parishes  whose 
terms  expire  shall  take  place  at  the  same  time  as  the  congres- 
sional election  in  1916.  The  parish  school  board  members  now 
in  office  shall  serve  out  the  terms  for  which  they  were  elected. 
All  vacancies  in  the  parish  school  boards  caused  by  death  or 
otherwise  shall  be  filled  by  a  special  election  called  for  that 
purpose  in  such  ward  where  the  vacancy  occurs,  provided  that 
all  unexpired  terms  of  less  than  two  years  shall  be  filled  by 
appointment  by  the  Governor.  The  successors  of  the  school 
board  members  now  in  office  shall  be  elected  at  the  congres- 
sional elections.  The  parish  school  boards  of  the  several  par- 
ishes, as  occasion  may  arise  on  account  of  the  increase  in  the 
membership  by  the  creation  of  additional  wards  or  the  in- 
crease of  membership  for  any  single  ward,  shall  by  proper  reso- 
lution maintain  the  three  divisions  of  the  membership  of  said 
boards  now  existing  as  nearly  equal  as  possible  by  allot  ing 
such  new  members  to  one  of  the  three  divisions,  and  when  so 
alloted  the  term  of  office  of  such  new  member  or  members  shall 
expire  at  the  same  time  that  the  terms  of  office  of  the  other 


114 

members  of  the  said  division  expire.  The  compensation  of  each 
member  of  the  school  board  is  hereby  fixed  at  three  dollars 
($3.00)  for  each  day  that  he  may  attend  the  meetings  of  said 
board,  and  five  cents  a  mile  that,  he  may  travel  to  and  from 
the  meetings  of  the  board.  The  members  of  the  parish  school 
boards  shall  have  authority  to  appoint  from  their  membership 
an  executive  committee  of  three  members,  which  committee  shall 
be  charged  with  such  duties  as  may  be  delegated  to  it  by  the 
parish  school  board.  The  members  of  the  executive  committee 
shall  receive  the  same  compensation  for  their  services  when  at- 
tending committee  meetings  as  they  receive  when  attending 
meetings  of  the  board,  provided  that  they  shall  not  receive  com- 
pensation for  attending  more  than  one  committee  meeting  in 
any  one  calendar  month,  or  for  both  a  board  and  committee 
meeting  held  on  the  same  day.  To  be  a  member  of  a  school  board 
one  shall  be  a  qualified  elector  in  the  ward  from  which  he  is 
elected,  able  to  read  and  write,  who  does  not  hold  any  office 
or  position  of  honor,  trust  or  emoluments,  city,  parish,  or  State, 
or  hold  any  permanent  employment  in  anj  capacity  by  any 
board,  department,  or  officer,  municipality,  parish  or  State ; 
except  that  justices  of  the  peace,  notaries  public,  members  of 
drainage  boards,  and  postmasters  shall  be  eligible  to  school 
board  membership. 

Section  6.  Be  it  further  enacted,  etc.,  Tliat  the  several 
school  boards  are  constituted  bodies  corporate,  with  the  power 
to  sue  and  be  sued  under  the  name  and  style  of  "(Name  of 
Parish)  Parish  School  Board."  Citation  shall  )>e  served  on  the 
president  of  the  board,  and  in  his  absence  on  the  vice  president. 

Section  7.  Be  it  further  enacted,  etc.,  That  the  parish  school 
boards  of  the  several  parishes  shall  elect  from  among  their 
number  a  president  and  a  vice  president  and  fix  their  terms 
of  office  not  to  exceed  six  years.  They  shall  also  elect  or  ap- 
point a  parish  superintendent  having  the  qualifications  here- 
after required,  for  a  period  of  four  years,  the  first  superinten- 
dent under  this  act  to  take  office  July  1,  1917;  provided  that 
if  at  any  time  a  parish  superintendent  should  be  found  in- 
competent, inefficient  or  unworthy,  he  shall  be  removable  for 
such  cause  by  a  majority  vote  of  the  membership  of  the  parish 
school  board  at  any  regular  meeting  or  at  any  special  meet- 
ing after  due  notice.  The  parish  school  board  shall  report  to 
the  State  Board  of  Education  all  deficiencies  in  the  schools  or 
neglect  of  duty  on  the  part  of  the  teachers,  superintendents,  or 
other  officers.  The  members  of  the  school  boards  shall  visit  and 
examine  the  schools  in  the  several  parishes  from  time  to  time. 
The  board  shall  determine  the  number  of  schools  to  be  opened, 
the  location  of  the  schoolhouses,  the  number  of  teachers  to  be 


115 

employed,  select  such,  teachers  from  nominations  made  by  the 
parish  superintendent,  provided  that  two-thirds  of  the  full 
membership  of  the  board  may  elect  teachers  without  the  in- 
dorsement of  the  superintendent.  The  board  shall  have  author- 
ity to  employ  teachers  by  the  month  or  by  the  year.  The  board 
shall  fix  the  salaries  of  the  teachers.  And  the  board  is  intrusted 
with  seeing  that  the  provisions  of  the  State  school  laws  are  com- 
plied with.  Each  school  board  is  authorized  to  make  such  rules 
and  regulations  for  its  own  government,  not  inconsistent  with 
law  or  regulations  of  the  Louisiana  State  Board  of  Education, 
as  it  deems  proper.  The  regular  meetings  of  each  board  shall 
be  held  in  the  first  week  of  January,  April,  July  and  October, 
on  such  day  of  the  week  as  each  board  shall  select,  and  it  may 
hold  such  special  or  adjourned  meetings  as  the  board  may  de- 
termine or  as  occasion  may  require.  Each  school  board  shall 
exercise  proper  vigilance  in  securing  for  the  schools  of  the 
parish  all  funds  destined  for  the  support  of  the  schools,  in- 
cluding the  State  funds  apportioned  thereto,  the  poll  tax  col- 
lectable, and  all  other  funds.  The  secretary  shall  keep  a  rec- 
ord of  all  transactions  and  proceedings  of  the  board.  The  school 
board  may  receive  land  by  purchase  or  donation  for  the  pur- 
pose of  erecting  schoolhouses,  provide  for  and  secure  the  erec- 
tion of  same,  construct  such  outbuildings  and  enclosures  as  shall 
be  conducive  to  the  protection  of  property,  and  make  repairs 
and  provide  the  necessary  furniture,  equipment  and  appara- 
tus. All  contracts  for  improvements  shall  be  to  the  lowest  re- 
sponsible bidder,  the  board  reserving  the  right  to  reject  any 
and  all  bids.  They  shall  have  the  power  to  recover  for  any 
damage  that  may  be  done  to  the  property  in  their  charge ;  they 
may  change  the  location  of  a  schoolhouse,  sell  or  dispose  of  the 
old  site,  and  use  the  proceeds  thereof  toward  procuring  a  new 
one.  Provided  that  the  Orleans  Parish  School  Board  shall  have 
authority  to  prescribe  the  rules  and  regulations  to  govern  in 
the  employment  and  discharge  of  teachers,  the  building  and 
equipping  and  repairing  of  schoolhouses,  and  the  date  of  the 
meeting  of  the  school  board ;  and  provided  further  that  the 
term  of  office  of  the  Orleans  Parish  superintendent  shall  be 
four  years. 

Section  8.  'Be  it  further  enacted,  etc.,  That  the  District  At- 
torney of  the  district  shall  act  as  counsel  for  the  school  board, 
except  in  and  for  the  Parish  of  Orleans,  where  the  city  attorney 
of  the  City  of  New  Orleans  shall  act  as  counsel  for  the  school 
board  of  said  parish ;  but  neither  the  district  attorney  nor  the 
said  city  attorney .  shall  receive  any  extra  fee,  compensation  or 
allowance  for  such  service;  and  except,  further,  that  school 
boards  shall  have  authority  to  employ  special  attorneys  pro- 


116 

vided  such   action   is  approved   by  the   Governor  and  the   At- 
torney-General. 

Section  9.  Be  it  (further  enacted,  etc.,  That  the  Parish 
School  Board  shall  have  authority  to  establish  such  public 
schools  as  it  may  deem  necessary  to  provide  adequate  school 
facilities  for  the  children  of  the  parish.  Central  or  high  schools 
may  be  established  when  necessary,  .but  no  high  school  shall 
be  established  without  the  sanction  of  the  State  Board  of  Edu- 
cation. Practical,  industrial  and  agricultural  courses  shall  be 
fostered  by  the  public  school  officials,  and  the  State  Board  of 
Education  shall  have  authority  to  extend  special  financial  aid 
to  schools  meeting  required  standards  in  such  courses.  Parish 
school  boards  shall  use  the  general  or  current  school  funds, 
such  as  the  State  current  school  t  funds,  poll  taxes,  fines,  police 
jury  appropriations,  land  rents,  proceeds  from  sale  of  timber, 
in  short,  all  school  funds  except  those  voted  or  appropriated 
for  special  purposes,  to  provide  equal  sessions  for  all  schools 
in  the  parish,  and  no  advantage  shall  be  given,  out  of  the  cur- 
rent or  general  funds,  to  the  high  schools  or  any  other  class 
of  schools.  Buildings,  additions  to  buildings,  repairs,  supplies, 
sites,  and  equipment  may  be  provided  out  of  the  general  funds. 
Communities  desiring  better  facilities  and  longer  sessions  than 
can  be  provided  by  a  distribution  of  the  general  funds  giving 
equal  sessions  to  all  schools  shall  secure  same  by  voting  special 
taxes  or  obtaining  additional  funds  from  other  sources  than 
the  current  or  general  school  funds. 

Section  10.  Be  it  further  enacted,  etc.,  That  the  free  right 
of  passage  over  all  public  ferries,  bridges,  and  roads  which  are 
leased  out  by  the  State,  parish  or  municipality,  or  over  which 
the  State  or  parish  or  municipality  exercises  any  control,  or 
for  which  license  is  paid  or  toll  exacted,  be  and  is  hereby 
granted  to  all  children  attending  schools;  and  no  tolls  or  fees 
shall  be  demanded  or  exacted  from  said  children  by  the  keep- 
ers or  attendants  of  said  ferries,  bridges,  or  roads,  in  their 
passage  to  and  from  school  between  the  hours  of  seven  (7) 
o'clock  a.  m.  and  nine  (9)  o'clock  a.  m.  and  three  (3)  o'clock 
p.  m.  and  six  (6)  o'clock  p.  m.,  provided  that  on  Sundays 
and  holidays  no  children  shall  have  the  right  to  cross  said  such 
ferries,  bridges  or  roads  on  terms  different  from  those  of  any 
ordinary  passenger.  The  provisions  of  the  foregoing  section 
shall  apply  to  the  Parish  of  (Orleans  as  well  as  to  the  other 
parishes  of  the  State. 

Any  person,  member  of  any  firm,  or  employee  thereof,  or 
employee  manager  or  officer  of  any  corporation  violating  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemean- 
or and  upon  conviction  thereof  for  each  offense  shall  be  fined 


117 

in  a  sum  not  less  than  ($5.00)  five  dollars,  and  not  more 
than  ($25.00)  twenty-five  dollars,  or  imprisoned  in  the  parish 
jail  for  a  period  not  less  than  ten  days  nor  more  than  thirty 
days  or  both  fine  and  imprisonment  at  the  discretion  of  the 
Court. 

Section  11.  Be  it  further  enacted,  etc.,  That  no  school  with 
an  average  attendance  below  ten  pupils  shall  be  opened  or  main- 
tained in  any  locality,  except  upon  recommendation  of  the 
parish  school  board,  giving  its  reasons  for  such  recommenda- 
tion, and  upon  approval  by  the  Louisiana  State  Board  of  Edu- 
cation. 

Section  12.  Be  it  further  enacted,  etc.,  That  the  school 
boards  of  the  several  parishes  of  this  State  are  prohibited 
from  entering  into  any  contract,  agreement,  understanding  or 
combination,  tacitly  or  expressly,  directly  or  indirectly,  with 
-any  church,  monastic  •  or  other  order  or  association  of  any 
religious  sect  or  denomination  whatsoever,  or  with  the  repre- 
sentatives thereof,  or  with  any  person  or  corporation  conduct- 
ing a  school  which  solicits  patronage  from  those  of  any  parti- 
cular religious  faith,  affiliation  or  persuasion,  for  the  purpose 
of  running  any  public  school  or  schools  of  this  State  together 
or  in  connection  or  in  combination  with  any  private  or  paro- 
chial school,  or  other  institution  of  learning  which  may  be 
under  the  control  or  management  of  any  church,  monastic 
or  other  religious  order  or  association  of  any  religious  sect 
or  denomination  whatsoever,  or  under  the  control  of  any  per- 
son or  corporation  conducting  a  school  which  solicits  patron- 
age especially  from  those  of  any  particular  religious  faith, 
affiliation  or  persuasion. 

Section  13.  Be  it  further  enacted,  etc.,  That  the  parish 
school  board  for  the  purpose  of  school  attendance  may  divide 
the  parisn  into  school  districts  of  such  proper  and  convenient 
area  and  shape  as  will  best  accommodate  the  children  of  tiie 
parish,  provided  that  the  board  may,  if  it  thinks  proper,  per- 
mit children  to  attend  schools  out  of  their  districts. 

Section  14.  Be  it  further  enacted,  etc.,  That  the  parish 
school  boards  of  two  adjoining  parishes,  where  the  division 
line  intersects  a  neighborhood  whose  convenience  requires  it. 
may  lay  off  a  district  composed  of  part  of  both  parishes.  Such 
districts  shall  be  reported  by  the  superintendent,  together  with 
a  census  of  the  school  children  only  as  belonging  to  the  parish 
in  which  the  schoolhouse  may  be  situated,  and  reports  shall  be 
made  by  the  parish  superintendent  as  though  the  district  lay 
entirely  in  such  parish. 

Section    15.     Be    it   further   enacted,    etc.,    That    where    two 


118 

school  districts  in  different  parishes  adjoin  it  shall  be  lawful 
for  the  children  in  either  of  said  districts  to  be  taught  in  and 
at  such  schoolhouse  as  shall  be  most  convenient  to  them,  the 
parents  or  guardians  of  the  children  selecting  the  school_which 
they  desire  the  children  to  attend,  provided  that  all  of  the 
school  funds  to  which  the  children  are  entitled  shall  be  trans- 
ferred to  the  school  authorities  of  the  parish  in  which  the 
children  are  taught.  No  tuition  or  incidental  fee  shall  be 
charged  these  or  any  other  children  attending  the  public  schools. 
Section  16.  Be  it  further  enacted,  etc.,  That  the  branches 
of  spelling,  reading,  writing,  drawing,  arithmetic,  geography, 
grammar,  United  States  history,  the  laws  of  health,  including 
the  evil  effects  of  alcohol  and  narcotics,  shall  be  taught  in 
every  elementary  school.  In  addition  to  these,  such  other 
branches  shall  be  taught  as  the  State  Board  of  Education  may 
require.  The  minimum  daily  session,  exclusive  of  all  recesses, 
of  every  public  school  shall  be  five  hours,  provided  that  this 
shall  not  be  construed  so  as  to  prevent  half  day  sessions  where 
the  school  accommodations  are  insufficient  for  all  the  pupils 
of  the  district  in  a  whole-day  session.  Nor  shall  it  interfere  with 
any  arrangement  made  for  the  conduct  of  the  -kindergarten 
schools ;  provided,  that  in  the  Parish  of  Orleans  the  school,  board 
may  fix  the  hours  of  the  daily  session  of  the  public  schools.  A 
school  week  shall  consist  of  five  days  and  a  school  month  of 
twenty  days. 

Section  17.  Be  it  further  enacted,  etc.,  That  the  president 
of  the  school  board,  or  in  his  absence  the  vice  president,  shall 
preside  at  all  meetings  of  the  board,  call  meetings  when  neces- 
sary, advise  with  and  assist  the  parish  superintendent  in  pro- 
moting the  success  of  the  schools,  and,  generally,  to  do  and  per- 
form all  other  acts  and  duties  pertaining  to  his  office  as  presi- 
dent of  the  board.  All  deeds  and  contracts  for  the  schools  shall 
be  signed  by  him;  the  contracts  with  teachers  shall  be  signed 
by  the  parish  superintendent  and  the  contracting  teachers. 

Section  18.  Be  it  further  enacted,  etc.,  That  the  school 
board  may  appoint  local  school  directors  for  each  school  and 
prescribe  their  duties. 

Section  19.  Be  it  further  enacted,  etc.,  That  a  suitable  office 
shall  be  provided  for  the  State  Superintendent  of  Public  Edu- 
cation at  the  seat  of  government,  in  which  he  shall  file,  each 
year  separately,  all  papers,  reports,  and  public  documents 
transmitted  to  him  by  the  Board  and  officers  whose  duty  it  is 
to  report  to  him,  and  hold  the  same  in  readiness  to  be  examin- 
ed by  the  Governor  whenever  he  sees  proper,  by  any  commit- 
tee appointed  by  the  General  Assembly,  or  by  any  other  inter- 
ested citizens;  and  he  shall  cause  to  be  kept  a  record  of  all 


119 

matters  appertaining  to  his  office.  In  case  of  vacancy  in  the 
office  of  Superintendent  of  Public  Education  the  Governor 
shall  fill  the  vacancy  and  submit  the  name  of  the  appointee 
to  the  Senate  for  its  confirmation  at  the  first  session  held  after 
the  appointment. 

Section  20.  Be  it  further  enacted,  etc.,  That  the  salary  of 
the  State  Superintendent  of  Public  Education  shall  be 
($5000.00)  five  thousand  dollars  per  annum,  besides  which  he 
shall  be  entitled  to  office  fixtures,  stationery,  books,  fuel  and 
light  and  everything  needed  to  carry  on  the  work  of  his  office. 
He  shall  have  authority  to  appoint  clerks  and  porters  as  may 
be  necessary  and  prescribe  their  duties,  provided  that  the  en- 
tire expenses  of  his  office,  including  salaries,  postage  and  inci- 
dentals shall  not  exceed  the  specified  appropriation  therefor, 
payable  in  monthly  installments,  out  of  the  current  school 
fund,  by  the  Treasurer  of  the  State,  upon  warrants  of  the  State 
Superintendent.  The  State  Board  of  Education  shall  have  au- 
thority to  appoint  such  assistant  superintendents  and  super- 
visors and  inspectors,  or  special  lecturers  and  instructors,  as 
may  be  needed  for  the  proper  prosecution  of  public  education, 
and  to  fix  the  salaries  and  expense  for  such  work,  which  shall 
be  paid  out  of  appropriations  made  by  the  General  Assembly 
out  of  the  school  funds.  Provided  that  whenever  any  parish 
or  other  subdivision  may  receive  special  or  continuous  service, 
it  may  contribute  in  agreed  proportions  to  the  expenses  there- 
of, either  from  parish  funds,  through  the  police  jury,  or  from 
the  school  funds,  through  the  parish  school  board,  or  through 
special  taxes  voted  or  set  aside  for  the  purpose. 

Section  21.  Be  it  further  enacted,  etc.,  That  the  State  Su- 
perintendent of  Public  Education  shall  have  general  super- 
vision of  all  school  boards  in  the  parishes,  of  all  elementary, 
high  and  State  schools,  and  shall  see  that  the  school  system  of 
the  State  is  carried  properly  into  effect.  He  shall  be  ex-officio 
a  member  of  the  board  of  supervisors  of  the  State  University 
and  Agricultural  and  Mechanical  College,  the  State  Normal 
School,  the  State  Industrial  School  at  Ruston,  the  State  Indus- 
trial School  at  Lafayette,  the  State  Institute  for  the  Deaf  and 
Dumb,  the  State  Institute  for  the  Blind,  the  Southern  Univer- 
sity and  all  other  institutions  of  learning  under  the  control  of 
the  State  or  aided  in  whole  or  in  part  by  the  State.  He  shall 
visit  all  the  parishes  of  the  State  as  often  as  practicable,  and 
shall  give  due  notice  of  the  time  of  his  visit  to  the  parish  super- 
intendent, whose  duty  it  shall  be  to  meet  and  confer  with  the 
State  Superintendent  on  all  matters  connected  with  the  inter- 
est of  the  public  schools  of  the  parish.  His  expenses  incurred 
in  the  discharge  of  Iris  duty  shall  be  paid  out  of  the  current 


120 

school  fund,  but  shall  not  exceed  the  amount  appropriated  per 
annum  for  the  purpose.  He  shall  keep  an  account  of  all  orders 
drawn  or  countersigned  by  him  on  the  Auditor,  and  of  all  re- 
turns of  settlements;  whenever  required  any  part  of  this  ac* 
count  shall  be  furnished  by  the  Auditor. 

Section  22.  Be  it  further  enacted,  etc.,  That  he  shall  bien- 
nially or  befoTe  the  meeting  of  the  General  Assembly,  make  a 
report  of  the  condition  and  progress  made  and  possible  im- 
provements to  be  made  in  the  public  schools.  The  amount  and 
condition  of  the  school  funds;  how  its  revenues  during  the  two 
previous  years  have  been  distributed;  the  amount  collected 
and  disbursed  for  public  school  purposes  from  local  taxation, 
or  from  any  other  source,  and  how  the  same  was  expended, 
shall  be  set  forth  in  the  report.  This  report  shall  contain  an 
abstract  of  the  parish  superintendents'  reports.  He  shall  com- 
municate all  facts,  statistics  and  information  as  are  of  interest 
to  the  public  schools.  He  shall  cause  to  be  printed  a  sufficient 
number  of  copies  for  the  distribution  among  the  members  of 
the  General  Assembly,  the  State  officials,  parish  school  boards, 
libraries,  and  superintendents  of  other  States  and  Territories, 
and  to  meet  all  exchanges  of  educational  reports. 

Section  23.  Be  it  further  enacted,  etc  .  That  the  superin- 
tendent in  his  report  shall  set  forth  thp  ohityu  -ii^l  make 
suggestions  which  may  be  of  interest  to,  and  promotn  +h^  >uc 
cess  of  all  institutions  of  learning  under  his  supervision.  The 
president  of  these  institutions  shall  annually,  by  July  15th, 
furnish  the  State  Superintendent  of  Public  Education  such 
statements  of  their  respective  institutions  as  may  be  necessary 
to  enable  him  to  make  a  full  and  satisfactory  report. 

Section  24.  Be  it  further  enacted,  etc.,  That  certified  copies 
of  records  and  papers  in  his  office  shall  in  all  cases  be  received 
and  admitted  in  lieu  of  the  originals.  He  is  authorized  to  make 
copies,  when  requested  by  any  person  so  to  do,  of  any  papers 
deposited  or  filed  in  his  office,  and  of  any  act  or  decision  made 
by  him,  and  certify  the  same. 

Section  25.  Be  it  further  enacted,  etc.,  That  it  is  made  the 
duty  of  the  State  Superintendent  of  Public  Education  to  re- 
port to  the  State  Board  of  Education  all  neglect  of  duty  on 
the  part  of  any  school  board  member,  superintendent  or  teach- 
er, or  any  improper  use  of  school  funds  whenever  it  may  come 
to  his  knowledge.  He  shall  hold  annually  such  conventions  of 
school  officials,  superintendents  and  teachers  as  to  him  may 
seem  necessary  for  the  promotion  and  advancement  of  the 
public  school  interests. 

Section  26.  Be  it  further  enacted,  etc.,  That  the  Attorney 
General,  when  called  upon  by  the  State  Superintendent  of  Pub- 


121 

lie  Education,  the  State  Board  of  Education,  or  any  parish  su- 
perintendent, when  authorized  by  the  parish  school  board  and 
its  legal  adviser,  shall  give  his  opinion  in  regard  to  any  con- 
troversy or  dispute  affecting  any  such  officers  or  boards,  relat- 
ing to  their  respective  rights  or  duties,  or  affecting  the  schools 
under  their  charge,  or  any  of  them.  The  State  Superintendent 
of  Public  Education  shall  whenever  required  give  advice,  ex- 
planations, instructions,  or  information  to  the  school  board 
members  arid  superintendents  and  to  citizens  relative  to  the 
public  school  law,  the  duties  of  the  public  school  officers,  the 
rights  and  duties  of  parents,  guardians,  pupils,  and  "all  officers, 
the  management  of  the  schools,  and  all  other  questions  calcu- 
lated to  promote  the  cause  of  education.  He  shall  perform  all 
other  duties  imposed  upon  him  by  law. 

Section  27.  Be  it  further  enacted,  etc.,  That  the  parish 
school  boards  throughout  the  State  shall  elect  a  superintendent 
of  public  schools,  who  shall  hold  office  for  a  period  of  four 
years.  He  shall  not  be  otherwise  employed,  except  that  in  a 
parish  having  a  fewer  than  thirty  white  teachers  the  parish 
superintendent  may  act  as  principal  of  a  public  school;  he 
shall  be  a  person  of  high  moral  character,  of  recognized  execu- 
tive ability,  and  a  practical  educator  who  holds  at  least 
a  first-grade  certificate  and  who  has  had -at  least  three 
years'  experience  in  teaching  or  supervising  within  the  five 
years  next  preceding  his  election.  The  school  boards  shall  not 
be  required  to  select  for  the  office  of  superintendent  residents 
of  the  parish.  The  salary  of  the  superintendent  shall  be  not 
more  than  four  thousand  dollars  ($4000.00)  and  not  less  than 
nine  hundred  dollars  ($900.00)  per  annum  and  traveling  and 
office  expenses.  Parish  of  Orleans  excepted  as  to  minimum  and 
maximum  salary  only. 

Section  28.  Be  it  further  enacted,  etc.,  That  the  superin- 
tendent during  the  year  shall  visit  as  often  as  possible  each 
school  in  the  parish,  and  he  shall  exert  his  best  endeavors  in 
promoting  the  cause  of  public  Education.  To  this  end  he  shall 
faithfully  carry  out  the  requirements  of  the  State  school  laws 
and  the  rules  and  regulations  made  for  the  schools  by  the  State 
Board  of  Education.  The  school  board  shall  have  the  authority 
to  appoint  such  assistant  superintendents,  supervisors,  steno- 
graphers and  bookkeepers  as  may  be  needed,  and  to  fix  their 
salaries  and  prescribe  their  duties,  Orleans  Parish  included. 

Section  29.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  each  superintendent  on  or  before  the  fifteenth  day  of 
August  each  year,  to  cause  to  be  placed  in  the  hands  of  the 
Superintendent  of  Public  Education  the  official  report  of  his 


122 

parish  schools  for  the  previous  session,  the  length  of  session, 
the  number  of  children  at  school,  the  cost  of  instruction  of 
each  child  per  month  and  for  the  session,  the  number  of  pri- 
vate schools,  colleges  and  academies  in  the  parish,  and  the 
length  of  the  session  of  same,  the  number  of  teachers  em- 
ployed, male,  female,  white  and  colored,  the  average  wages  of 
male  teachers,  female  teachers,  the  amount  of  money  raised  for 
school  purposes  in  the  parish  by  local  taxation  or  otherwise, 
and  for  what  purpose  it  was  disbursed,  the  number  and  kind 
of  schoolhouses,  the  actual  or  approximate  value  of  each,  the 
number  of  school  libraries  and  the  number  of  volumes  in  each, 
and  the  increase  during  the  session  and  the  amount  received 
and  expended  for  same,  and  any  other  information  required 
by  the  State  Superintendent  of  Education.  In  case,  of  neglect  or 
failure  to  make  this  report  in  the  time  required  he  shall  for- 
feit and  pay  the  sum  of  ten  dollars  per  week,  or  fraction  of  a 
week,  for  the  full  time  of  his  delinquency,  said  amount  to  be 
collected  by  the  parish  board  for  the  benefit  of  the  current 
school  fund  of  the  parish. 

Section  30.  Be  it  further  enacted,  etc.,  That  each  parish 
superintendent  shall  keep  a  record  of  all  business  transacted 
by  him  as  parish  superintendent,  the  names,  numbers  and  de- 
scription of  school  districts,  the  tabulation  of  reports  of  school 
principals  made  monthly  to  him  by  the  principals  of  the  schools 
of  his  parish,  and  all  other  papers,  books  and  documents  of 
value  connected  with  his  office;  and  they  shall  be  at  all  times 
subject  to  inspection  and  examination  by  the  State  Superin- 
tendent of  Public  Education  or  by  any  school  officer  or  citizen. 
In  addition  to  his  annual  report  to  the  State  Superintendent  of 
Public  Education  hereinbefore  provided  for,  which  shall  be 
made  in  accordance  with  instructions  of  the  State  Superin- 
tendent, he  shall  furnish  to  the  Department  of  Education  such 
narrative  and  such  information  as  the  State  Superintendent  or 
the  State  Board  of  Education  may  from  time  to  time  require 
of  him. 

Section  31.  Be  it  further  enacted,  etc.,  That  the  parish  su- 
perintendent may  administer  the  oath  required  of  any  of  the 
officials  of  the  public  schools  or  of  any  person  required  to  make 
oath  in  any  manner  thereto,  except  to  qualify  school  board 
members. 

Section  32.  Be  it  further  enacted,  etc.,  That  the  parish  su- 
perintendent shall  maintain  his  office  at  a  point  in  the  parish 
designated  by  the  school  board  and  shall  keep  his  office  open 
during  the  usual  office  hours  to  receive  the  reports  of  teachers 
and  others  and  to  transact  the  business  required  of  him  except 
during  the  time  he  is  visiting  schools  or  attending  to  his  duties 
elsewhere. 


123 

Section  33.  Be  it  further  enacted,  etc.,  That  the  parish  su- 
perintendent shall  make  quarterly  reports  to  the  parish  school 
board  upon  the  condition  of  the  schools  under  his  super-vision, 
and  all  such  reports,  as  well  as  all  minutes  of  proceedings  of 
board  meeting,  shall  be  regularly  published  in  the  official  jour- 
nal of  the  school  board.  He  shall  keep  full  minutes  of  all  pro- 
ceedings of  the  board  in  a  book  provided  for  that  purpose,  and 
shall  do  and  perform  all  other  acts  and  duties  pertaining  to  the 
office  of  the  secretary  of  the  board. 

Section  34.  Be  it  further  enacted,  etc.,  That  the  parish 
school  boards  shall  provide  for  and  conduct  such  teachers'  in- 
stitutes as  they  deem  necessary,  and  the  State  Board  of  Educa- 
tion shall  adopt  annually  suitable  reading  circle  books  for  use 
in  the  institute  work,  shall  prepare  rules  and  regulations  for 
the  government  of  the  institutes,  and  do  everything  possible 
for  the  benefit  and  improvement  of  the  teachers  engaged  in 
public  school  work. 

Section  35.  Be  it  further  enacted,  etc.,  That  the  provisions 
of  this  act  relating  to  teachers'  institutes  shall  not  be  compul- 
sory in  the  Parish  of  Orleans,  but  the  school  board  of  said 
parish  at  its  election  may  conduct  such  teachers'  institutes  as 
it  may  deem  necessary. 

Section  36.  Be  it  further  enacted,  etc.,  That  if  at  any  time 
a  teacher  becomes  incompetent,  inefficient  or  unworthy  of  the 
indorsement  given  him  or  her,  the  parish  superintendent  shall 
immediately  report  such  fact  to  the  school  board  of  his  parish, 
and  the  said  board  shall  take  such  action  as  the  nature  of  the 
case  warrants;  provided,  that  in  no  case  shall  a  teacher  be  dis- 
charged without  good  and  sufficient  cause.  Any  teacher  dis- 
missed under  the  above  provisions  shall  receive  payment  for 
services  for  the  current  month. 

Section  37.  Be  it  further  enacted,  (etc.,  That  the  Staite 
Board  of  Education  shall  take  entire  charge  of  the  examina> 
tion  of  public  school  teachers.  The  Board  shall  appoint  an 
examining  committee  of  as  many  members  as  may  be  required 
and  fix  the  salaries  of  the  members  of  the  committee. 

Section  38.  Be  it  further  enacted,  etc.,  That  the  following 
grades  of  certificates  shall  be  issued  by  the  examining  commit- 
tee :  Special  High  School  Certificate,  valid  for  five  years ;  First 
Grade  Certificate,  valid  for  five  years;  Second  Grade  Certifi- 
cate, valid  for  three  years;  Third  'Grade  Certificate,  valid  for 
one  year.  The  State  Board  of  Education  shall  determine  the 
subjects  which  shall  be  used  in  the  examination  for  any  of  the 
grades  of  certificates. 

Section  39.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  shall  have  authority  to  exempt  from  examination 


124 

graduates  of  standard  colleges  and  State  normal  schools  located 
in  this  and  other  States,  provided  that  in  all  cases  the  examin- 
ing committee  shall  have  authority  to  examine  such  graduates 
in  such  subjects  as  the  committee  may  think  necessary. 

Section  40.  Be  it  further  enacted,  etc.,  That  all  questions 
to  be  used  in  the  examination  of  teachers  shall  be  prepared  by 
the  examining  committee,  and  when  they  have  been  approved 
by  the  State  Superintendent  of  Education  they  shall  be  sent 
to  the  parish  superintendents  of  the  various  parishes,  who  shall 
conduct  the  examinations,  collect  the  fees  hereinafter  provided 
for  and  send  fees  and  answer  papers  to  the  State  Superinten- 
dent of  Public  Education.  The  examining  committee  shall 
grade  all  papers  and  issue  certificates  to  those  who  shall  make 
the  average  pass  mark  fixed  by  the  State  Board  of  Education. 

Certificates  shall  be  signed  by  the  Chairman  of  the  Examin- 
ing Committee  and  the  State  Superintendent  of  Public  Educa- 
tion, and  they  shall  be  valid  for  the  periods  named  above  in 
all  of  the  parishes  of  the  State. 

Section  41.  Be  it  further  enacted,  etc.,  That  applicants  for 
the  approval  cf  their  diplomas  or  for  teachers'  certificates  shall 
pay  the  following  fees:  Graduates  of  colleges  and  State  normal 
schools  located  in  other  States  shall  pay  a  fee  of  five  dollars 
($5.00)  for  approval  of  their  diplomas;  applicants  for  special 
high  school  certificates  and  first  grade  certificates  shall  pay  a 
fee  of  two  dollars  ($2.00)  ;  applicants  for  second  grade  certifi- 
cates shall  pay  a  fee  of  one  dollar  and  fifty  cents  ($1.50)  • 
and  applicants  for  third  grade  certificates  shall  pay  a  fee  of 
one  dollar  ($1.00). 

Section  42.  Be  it  further  enacted,  etc.,  That  the  State  Su-. 
perintendent  shall  deposit  all  fees  in  an  account  entitled 
"Examination  Fees,"  and  he  shall  check  upon  this  account  for 
the  salaries  and  office  expenses  of  the  examiners,  keeping  re- 
ceipted vouchers  for  all  moneys  so  drawn,  and  no  other  funds 
shall  be  used  for  the  salaries  and  expenses  of  the  examining 
committee. 

Section  43.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  shall  arrange  for  as  many  examinations  annually 
as  may  be  necessary. 

Section  44.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  shall  have  authority  to  renew  first  grade  teach- 
ers'  certificates  when  satisfactory  evidence  is  produced  attest- 
ing the  worthiness  and  competency  of  the  holders  asking  for  an 
extension  of  their  certificates.  All  college  and  normal  school 
diplomas  previously  approved  b}^  the  State  Board  of  Education 
shall  be  subject  to  renewal  for  periods  of  five  years  after  five 
years  from  the  date  of  approval  or  renewal.  No  fee  shall  be 
charged  for  such  renewals  or  extensions. 


125 

Section  45.  Be  it  further  enacted,  etc.,  That  no  person  shall 
be  appointed  to  teach  without  a  written  contract  for  the  schol- 
astic year  in  which  the  school  is  to  be  taught,  and  who  shall 
not  hold  a  diploma  or  certificate  provided  for  by  this  Act  of  a 
grade  sufficiently  high  to  meet  the  requirements  of  the  school. 

Section  46.  Be  it  further  enacted,  etc.,  That  all  teachers' 
certificates  are  revocable  by  the  State  Board  of  Education 
upon  satisfactory  evidence  that  the  holders  are  incompetent, 
unworthy  or  immoral. 

Section  47.  Be  it  further  enacted,  etc.,  That  each  teacher 
of  any  school  in  this  State  supported  wholly  or  in  part  from 
public  money  shall,  before  receiving  any  remuneration  for 
services  rendered  in  said  capacity,  be  fully  qualified  under  the 
provisions  of  this  act  to  teach  in  the  public  schools,  and  shall 
have  been  employed  by  the  public  school  authorities  author- 
ized to  employ  teachers. 

Section  48.  Be  it  further  enacted,  etc.;  That  educational  in- 
stitutions of  this  State  which  are  authorized  by  special  acts  of 
the  Legislature,  or  may  be  so  authorized  in  the  future  to  issue 
diplomas  or  confer  degrees,  shall  be  required  to  meet  the  fol- 
lowing standards  before  the  graduates  of  such  institutions  shall 
be  eligible  to  teach  in  the  public  schools  without  being  required 
to  pass  the  examination  for  teachers'  certificates: 

(a)  In  case  of  normal  schools,  at  least  a  two-year  course  in 
advance  of  the  Louisiana  high  schools,  and  such  schools  must 
maintain  and  operate  practice  schools  having  sufficient  teach- 
ing force. 

(b)  In  the  case  of  colleges,   four-year  courses  in   advance 
of  Louisiana  .high  schools. 

Graduates  of  all  Louisiana  schpols,  as  well  as  schools  located 
in  other  States  meeting  the  standards  outlined  in  this  Section, 
shall  be  exempted  from  all  examinations  required  of  teachers, 
but  all  other  persons  shall  be  examined  in  all  subjects  required 
of  applicants  for  teachers'  certificates. 

Section  49.  Be  it  further  enacted,  etc.,  That  teachers  now 
holding  certificates  which  are  in  force  and  which  were  hereto- 
fore issued,  as  the  result  of  an  examination  held  under  the  au- 
thority of  law  shall  not  be  required  to  undergo  an  examination 
under  the  provisions  of  this  act,  but  such  certificates  are  con- 
tinued in  force  for  their  respective  grades  and  for  the  time  pro- 
vided for  in  the  law  under  which  they  were  granted.  After  the 
promulgation  of  this  Act  no  person  shall  be  appointed  as  a 
teacher  in  the  public  schools  unless  he  or  she  holds  a  certificate 
approved  by  this  Act,  or  a  diploma  recognized  herein. 

Section  50.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  shall  have  authority  to  prescribe  teacher  training 


126 

courses  for  public  or  private  schools  doing  work  of  at  least  two 
years  in  advance  of  that  done  by  the  public  high  schools,  and 
to  issue  first  grade  certificates,  without  examination,  to  the 
graduates  of  such  courses. 

Section  51.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  parish  superintendents  and  teachers  of  the  public 
schools  of  the  State  to  keep  such  schools  records  as  shall  be  pre- 
scribed by  the  State  superintendent  of  Public  Education,  prior 
to  receiving  their  monthly  salaries  at  the  end  of  the  month. 
Each  principal  of  a  school  shall  make  to  the  parish  superin- 
tendent such  monthly  reports  as  may  be  required.  If  any  prin- 
cipal willfully  neglects  or  fails  to  do  this,  the  parish  superin- 
tendent may  withhold  the  salary  due  until  the  report  is  satis- 
factorily made. 

Section  52.  Be  it  further  enacted,  etc.,  That  teachers  shall 
faithfully  enforce  the  school  course  of  study  and  the  regula- 
tions prescribed  in  pursuance  of  law;  and  if  any  teacher  shall 
wilfully  refuse  or  neglect  to  comply  with  such  requirements, 
the  parish  superintendent  shall  withhold  the  salary  of  such 
teacher  until  the  teacher  properly  performs  his  or  her  duties 
in  such  respect.  Every  teacher  shall  have  the  power  and  author- 
ity to  hold  every  pupil  to  a  strict  accountability  for  any  dis- 
orderly conduct  in  school,  on  the  playgrounds  of  the  school, 
or  during  intermission  or  recess,  and  to  suspend  from  school 
any  pupils  for  good  cause;  provided  that  such  suspension  shall 
be  reported  in  writing  as  soon  as  practicable  to  the  parish  su- 
perintendent, whose  decision  shall  be  final ;  and  provided,  fur- 
ther, that  in  the  Parish  of  Orleans  the  principals  of  the  schools 
shall  suspend  and  report  same  to  the  superintendent  for  ap- 
proval or  further  action. 

Section  53.  Be  it  further  enacted,  etc.,  That  the  superinten- 
dent of  the  public  schools  in  every  parish  shall  be  and  is  here- 
by constituted  the  treasurer  of  all  school  funds  appropriated  by 
the  State  in  such  parish,  or  raised,  collected,  or  donated  there- 
in, for  the  support  of  the  public  schools ;  he  shall  receipt  for  all 
such  funds  to  the  Treasurer  of  the  State  and  to  the  collector 
of  parish  taxes.  The  parish  school  treasurer  shall  give  an  in- 
demnity bond  in  such  sum  as  may  be  determined  by  the  parish 
school  board,  and  the  parish  school  board  shall  pay  the  pre- 
mium of  said  bond.  The  superintendent  of  public  schools  shall 
receive  no  compensation  whatever  for  his  services  as  school 
treasurer.  The  said  treasurer  shall  deposit  the  school  funds  in 
such  bank  or  banks  as  may  be  designated  by  the  parish  school 
board  under  the  provisions  of  the  law. 

Section  54.  Be  it  further  enacted,  etc.,  That  the  said  treas- 
urer immediately,  upon  his  appointment  shall  demand  of  his 


127 

predecessor  in  the  office  of  treasurer  of  the  school  funds  cus- 
tody of  all  books  and  papers  and  of  all  balances  of  school 
moneys  in  his  hands  as  custodian  of  the  school  funds  of  the 
parish. 

Section  55.  Be  it  further  enacted,  etc.,  That  the  treasurer 
shall  pay  out  the  school  funds  intrusted  to  his  charge  only  on 
warrants  approved  by  the  president  and  signed  by  the  secre- 
tary of  the  parish  school  board,  and  shall  state  against  what 
school  fund  it  is  drawn,  which  warrant  shall  be  drawn  only 
in  virtue  of  appropriations  regularly  made  by  the  parish  school 
board;  the  parish  school  board  shall  make  annually  an  estimate 
of  the  amount  of  revenues  for  the  year,  appropriating  the  same 
as  above  required,  and  no  warrant  beyond  the  amount  esti- 
mated shall  be  drawn  for  any  year.  These  warrants  shall  be 
numbered  and  shall  specify  on  their  face  to  whom  and  for  what 
they  are  given;  the  treasurer  shall  pay  these  warrants  only  to 
the  extent  of  the  amount  to  the  credit  on  his  books  and  in  the 
order  in  which  they  are  presented,  and  said  warrants  shall  be 
filed  in  his  office  as  vouchers ;  the  accounts  kept  by  him  as  treas- 
urer of  the  school  fund?  shall  always  be  subject  to  examination 
by  any  one  who  chooses  to  examine  them. 

Section  56.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  various  parish  school  boards  throughout  the  State, 
dvrinp:  the  month  of  July  of  each  year,  to  adopt  a  .budget  of 
revenues  to  accrue  to  said  school  board  during  the  ensuing  year ; 
sajd  budget  not  to  include  probable  revenues  arising  from  doubt- 
ful or  contingent  sources. 

(a)  Within  thirty  days  after  the  adoption  of  the  budget 
of  revenues  the  school  boards  throughout  the  State  shall  adopt 
a  budget  of  expenditures,  not  to  exceed  the  budget  of  revenues; 
said  budget  of  expenditures  shall  detail  as  nearly  as  possible 
the  said  expenditures  and  no  item  of  indebtedness  not  included 
in  said  detailed  estimate  shall  be  paid  by  the  treasurer  or  ex- 
officio  treasurer  of  the  school  board,  under  pain,  he  and  his 
bondsmen,  of  being  personally  liable  for  any  item  so  paid  and 
not  included  in  said  budget  of  expenditures ;  if  during  the 
course  of  the  year  revenues  from  any  unexpected  or  contin- 
gent source  should  have  been  realized,  an  amended  budget  of 
revenues  may  be  adopted  and  an  amended  budget  appropriat- 
ing said  revenues  in  the  same  proportion  as  above  may  also  be 
adopted.  In  the  Parish  of  Orleans  the  budget  of  expenditures 
shall  not  be  less  than  ninety-five  per  cent  (95%)  of  said  bud- 
get of  revenues.  The  remainder  which  shall  not  be  less  one  per 
cent  (1%)  shall  be  paid  by  the  Treasurer  of  the  Parish  School 
Board  for  the  Parish  of  Orleans  as  collected,  to  the  judgment 
creditors  of  said  Board,  whether  the  judgments  be  absolute 


128 

or  limited  to  the  revenues  of  any  year  or  years.  The  adoption 
of  said  budget  of  revenues  shall-  be  considered  as  the  appropria- 
tion of  the  revenues  without  any  other  formal  appropriation. 
(b)  The  duties  of  said  school  boards  above  provided  for  may 
be  enforced  before  any  court  of*  justice  by  any  taxpayer  resid- 
ing in  the  parish  or  by  any  party  in  interest  by  such  appro- 
priate remedies  as  the  law  provides. 

Section  57.  Be  it  further  enacted,  etc.,  That  the  parish 
school  boards  of  all  parishes  of  the  State  shall  make  an  enum- 
eration of  all  educable  children  in  their  respective  parishes 
between  January  1,  1919,  and  July  1,  1919,  and  every  four 
years  thereafter;  provided  that  the  respective  school  boards 
shall  not  pay  in  excess  of  three  cents  for  each  child  so  enum- 
erated. School  board  members  may  be  employed  to  do  this 
work.  Provided,  that  the  willful  and  fraudulent  padding  of 
the  enumeration  rolls  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  ($1,000.00)  dollars,  or  imprisonment  in  the 
parish  jail  not  to,  exceed  one  year,  or  both  fine  and  imprison- 
ment at  the  discretion  of  the  Court,  and  the  loss  to  the  parish 
of  the  current  school  funds. 

Section  58.  Be  it  further  enacted,  etc.,  That  the  Parish 
school  boards  shall  have  authority  to  provide  transportation  for 
children  living  more  than  two  miles  from  a  school  of  suitable 
grade. 

Section  59.  Be  it  further  enacted,  etc.,  That  parish  school 
boards  shall  have  authority  to  rent  sixteenth  section  lands,  sell 
timber  or  mineral  rights  of  same,  by  resolution  of  the  boards 
and  without  the  authority  of  a  vote  of  the  electors  of  the  town- 
ship in  which  the  lands  are  located.  All  funds  realized  from 
these  sources  shall  be  placed  to  the  credit  of  the  current  school 
fund  of  the  parish  in  which  the  sixteenth  section  is  located.  All 
elections  to  authorize  the  sale  of  sixteenth  section  lands,  and 
the  sale  when  authorized,  shall  be  conducted  by  the  parish 
school  boards. 

Section  60.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Education  and  the  parish  school  officials  shall  do  everything 
possible  to  eradicate  adult  illiteracy  in  Louisiana. 

Section  61.  Be  it  further  enacted,  etc.,  That  the  assessors 
and  tax  collectors  shall  receive  the  fees  allowed  by  law  for 
assessing  and  collecting  taxes  on  only  the  poll  and  other  taxes 
actually  collected.  The  school  boards  shall  pay  no  commissions 
to  assessors  and  tax  collectors  on  poll  or  other  taxes  not  actually 
collected  and  paid  over  to  the  school  treasurer. 

Section  62.  Be  it  further  enacted,  etc.,  That  the  parish 
school  board  shall  have  authority  to  borrow  money  to  meet 
current  expenses,  provided  the  funds  realized  from  such  loans 


129 

are  used  to  pay  items  included  in  the  budget  of  expenditures 
previously  adopted  by  the  board  and  that  no  revenues  except 
those  of  the  current  session  are  pledged  to  secure  any  such  loan 
or  loans. 

Section  63.  Be  it  further  enacted,  etc.,  That  the  Parish  of 
Orleans  shall  be  excepted  from  the  provisions  of  this  act,  Sec- 
tions 1  to  62,  both  inclusive,  except  those  sections  specifically 
conferring  certain  authority  or  imposing  certain  obligations 
upon  the  Orleans  public  schools  officials,  and  except  the  follow- 
ing sections,  which  shall  apply  to  Orleans  as  well  as  to  the  rest 
of  the  State,  namely,  4,  8,  10,  12,  22,  25,  26,  27,  29,  30,  51,  56, 
57,  58,  59,  60,  62. 

Section  64.  Be  it  further  enacted,  etc.,  That  all  the  public 
schools  of  the  Parish  of  Orleans  shall  be  under  the  direction 
and  control  of  the  Orleans  Parish  School  Board.  Said  Board 
shall  consist  of  five  members. 

The  First  Board  shall  be  elected  at  the  regular  congression- 
al election  in  the  year  1916,  provided  that  the  Board  of  Direc- 
tors then  elected  shall  be  divided  into  three  groups,  the  first 
group  to  consist  of  the  two  members  who  receive  the  greatest 
number  of  votes,  who  shall  serve  for  a  term  of  six  years,  the 
second  group  to  consist  of  the  two  members  who  receive  the 
next  highest  number  of  votes,  who  shall  serve  for  a  term  of  four 
years,  the  third  group  to  consist  of  the  member  who  receives  the 
next  highest  number  of  votes,  who  shall  serve. for  a  term  of  two 
years.  The  successors  of  the  members  in  the  three  groups  above 
referred  to  shall  be  elected  for  terms  of  six  years,  provided  that 
the  said  elections  shall  be  nonpartisan;  That  the  names  of  all 
of  the  candidates  for  election  shall  be  placed  in  alphabetical 
order  in  a  separate  column  of  the  ballot  under  the  general  head- 
ing "Orleans  Parish  School  Board"  without  reference  to  party 
affiliation  or  other  individual  designation  whatever,  and  that 
the  said  candidates  shall  be  nominated  by  nomination  papers 
only  signed  for  each  candidate  by  not  less  than  one  hundred  (100) 
qualified  voters,  of  the  Parish  of  Orleans.  The  said  nomination 
papers  shall  be  furnished,  prepared,  subscribed,  certified  and 
promulgated  in  the  manner  and  form  provided  for  by  the  gen- 
eral election  law,  i.  e.,  Act  152  of  1898  as  amended  by  subse- 
quent acts  or  by-laws  on  the  subject  matter  in  so  far  as  the 
provisions  of  said  Acts  are  not  in  conflict  herewith,  provided 
that  nomination  papers  shall  be  filed  with  the  Secretary  of  State 
before  five  o'clock  p.  m,  on  the  fourth  Tuesday  before  the  day 
of  election,  and  provided  further  that  in  cases  where  under  the 
law  it  becomes  necessary  to  hold  an  election  to  fill  a  vacancy, 
nomination  papers  shall  be  filed  not  less  than  fifteen  full  days 
before  the  day  of  election.  The  candidates  receiving  the  great- 
est number  of  votes  shall  be  declared  elected. 


130 


All  vacancies  occurring  in  said  board  shall  be  filled  by  ap- 
pointment by  the  Governor  of  the  State  until  the  next  congres- 
sional election,  at  which  time  the  vacancies  shall  be  filled  by  an 
election  by  the  people  in  the  manner  hereinabove  provided.  The 
members  of  said  lOrleans  Parish  School  Board  shall  be  elected 
from  the  city  at  large  under  the  General  election  laws  of  the 
State,  except  so  far  as  the  provisions  of  such  laws  are  in  conflict 
with  or  contrary  to  the  provisions  of  this  Act. 

The  election  or  elections  herein  provided  for  shall  be  held 
under  the  general  election  laws  in  so  far  as  they  are  not  in  con- 
flict with  this  act. 

Section  65.  Be  it  further  enacted,  etc.,  That  said  board  is 
hereby  constituted  a  body  corporate  in  law  with  power  to  sue 
and  be  sued  under  the  name  and  style  of  the  "Orleans  Parish 
School  Board";  legal  processes  shall  be  served  on  the  President 
and  in  his  absence  or  inability  to  act  on  the  Vice-President.  The 
said  board  shall  have  the  right  to  acquire,  hold,  lease  jind  sell 
real  and  personal  property;  to  receive  bequests  and  donations; 
to  condemn  property  needed  for  public  educational  purposes; 
to  adopt  rules  and  regulations,  not  inconsistent  with  law,  or  th^ 
rules  and  regulations  of  the  State  Board  of  Education  made  in 
conformity  with  law,  for  the  government  of  the  schools  and  the 
school  business  of  the  parish  as  it  may  deem  proper. 

Three  members  shall  constitute  a  quorum  for  the  transaction 
of  business. 

The  said  board  shall  meet  as  soon  as  elected,  or  as  soon  there- 
after as  practicable,  and  organize  by  electing  a  president  and 
vice  president  from  among  their  own  members,  and  a  secretary, 
who  shall  not  be  a  member  of  the  board. 

The  said  secretary,  in  addition  to  other  duties  of  his  office 
which  may  be  fully  prescribed  by  the  board,  shall  keep  the  ac- 
counts of  said  board  in  such  manner  as  to  be  in  strict  accord- 
ance with  such  budget  as  it  may  adopt,  certifying  to  the  said 
board  at  each  monthly  meeting  to  the  expenses  of  said  board 
for  each  'Current  month. 

That  said  board  shall  at  first  meeting,  or  as  soon  thereafter 
as  practicable,  elect  a  competent  and  experienced  educatoj1  to  be 
designated  as  superintendent  whose  duty  shall  be  hereinafter 
prescribed,  he  shall  hold  office  for  a  term  of  four  years,  com- 
mencing July  1,  1917,  subject  to  removal  by  the  board  for  in- 
competency,  neglect  of  duty  or  malfeasance  of  which  after  an 
impartial  hearing  by  the  board  he  shall  have  been  deemed  guilty. 
The  said  beard  shall  also  elect  as  many  assistant  superintendents 
who  shall  have  the  same  qualification  as  the  superintendent  as 
said  board  may  deem  necessary  to  properly  conduct  the  public 


131 

schools  of  said  parish,  which  number  of  assistant  superinten- 
dents may  be  increased  or  diminished  at  the  pleasure  of  the 
board. 

The  said  board  shall  also  elect  an  attendance  officer,  and  em- 
ploy such  other  officers,  clerks  and  assistants  as  may  be  necessary 
to  properly  conduct  the  public  schools  of  the  parish. 

In  addition  to  the  powers,  duties  and  rights  hereinbefore 
granted  to  and  imposed  upon  said  board,  the  powers,  duties  and 
rights  of  said  Orleans  Parish  School  Board  shall  be  as  follows : 

First :  It  shall  have  custody  of  all  buildings,  records,  papers, 
furniture  and  property  of  any  kind  pertaining  to  the  administra- 
tion of  the  schools,  and  shall  have  management  of  all  the  public 
schools  within  the  limits  of  the  Parish  of  Orleans.  The  said 
board  shall  also  have  power  to  pledge  its  revenues,  for  the  cur- 
rent year,  whether  received  from  the  State,  city,  Board  of  Liqui- 
dation of  City  Debt,  or  otherwise,  for  the  purpose  of  promptly 
paying  its  obligations  or  for  such  other  purposes  as  the  said  board 
may  deem  proper. 

Second :  It  shall  prescribe  rules  and  regulations  governing  the 
eligibility  for  appointment  as  teacher,  principal,  supervisor,  or 
assistant  in  the  public  schools  of  the  parish.  Provided  that  noth- 
ing in  this  act  shall  invalidate  any  certificate  of  eligibility  to 
teach  or  supervise  now  in  force. 

All  certificates  of  eligibility  to  teach  or  supervise  issued  by  the 
said  board  shall  be  good  for  five  years,  provided  that  the  teachers 
in  service  shall  not  be  required  to  stand  further  examination  to 
continue  in  the  same  class  of  service. 

Nothing  in  this  Act  shall  be  so  construed  as  to  vacate  the  office 
of  any  teacher  for  which  he  or  she  shall  have  been  appointed 
under  existing  laws,  nor  as  requiring  persons  now  teaching  in 
the  public  schools  of  the  Parish  of  Orleans,  to  qualify  in  accord- 
ance with  this  act. 

Third:  It  shall  employ  such  teachers,  principals,  supervisors, 
assistants,  janitors  and  other  employees  as  may  be  deemed  neces- 
sary and  adjust  and  fix  equitably  the  salaries  of  the  superin- 
tendents, assistant  superintendents,  secretary,  attendance  officer, 
principals,  teachers,  janitors  and  all  other  employees  of  the 
board. 

All  teachers  now  employed  in  said  public  schools  shall  be  re- 
garded as  permanent  employees  of  said  Board,  and  said  teachers 
shall  not  be  removed  from  office  except  on  written  charges  of  im- 
morality, neglect  of  duty,  iiicompetency,  malfeasance  or  non- 
feasance  of  which  he  has  been  found  guilty  by  the  board  after 
such  investigation  and  report  as  may  be  ordered  or  provided  for 
by  the  rules  and  regulations  to  be  adopted  by  the  said  board, 


132 

provided,  that  the  marriage  of  a  female  teacher  at  any  time  shall 
ipso  facto  vacate  her  position. 

Fourth :  It  shall  elect  all  teachers  for  the  grades  in  element- 
ary schools  from  among  the  candidates  holding  certificates  in  the 
order  of  their  merit  as  shown  by  the  averages  attained  on  grad- 
uating from  the  New  Orleans  Public  Normal  School  or  at  the 
regular  competitive  examinations,  provided  for  under  this  sec- 
tion. 

It  shall  elect  from  the  respective  list  of  eligibles,  all  super- 
visors, principals,  and  all  other  teachers  whose  appointment  is 
not  provided  for  under  this  section  of  this  act.  All  teachers 
hereafter  appointed  in  said  schools  shall  be  appointed  annually 
for  the  first  three  years,  after  which  time  the  appointment  may 
be  made  permanent  by  the  board  after  a  report  by  the  Superin- 
tendent. 

It  shall  print  annually  in  September  a  list  showing  the  names 
of  all  applicants  who  have  received  certificates  to  teach  during 
the  preceding  year  and  the  grade  of  such  certificates.  The  list 
shall  also  contain  the  names  of  all  eligibles  for  appointment. 

Fifth :  It  shall  adopt,  on  the  recommendation  of  the  superin- 
tendent of  the  parish  schools,  the  course  of  instruction  for  all 
schools  under  its  supervision  and  control  and  may  adopt,  and  may 
supply,  free  of  charge,  all  textbooks,  supplementary  books,  and 
school  supplies  used  in  the  schools. 

The  board  shall  appropriate  annually  not  less  than  the  sum  of 
two  thousand  dollars  ($2,000.00),  or  as  much  thereof  as  may  be 
needed  for  the  ^purchase  of  school  books  to  be  used  by  pupils  in 
the  public  schools  of  the  Parish  of  Orleans,  which  said  books  shall 
be  distributed  as  the  said  board  of  directors  may  provide,  and 
shall  be  used  by  children  to  whom  distributed  under  such  condi- 
tions, restrictions,  rules  and  regulations  as  the  board  may  pre- 
scribe. 

Sixth  :t  It  shall  maintain' a  complete  system  of  elementary  and 
secondary  schools  and  may  provide  and  maintain,  as  means  will 
permit  or  necessities  may  require,  or  as  may  be  required  by  law, 
kindergartens,  intermediate  schools;  libraries  and  museums; 
evening  schools;  and  instructions  for  parents  and  other  adults; 
vacation  schools ;  playgrounds  and  gymnasiums ;  special  instruc- 
tion or  schools  for  delinquent,  dependent,'  or  defective  children ; 
normal  schools ;  trade  and  industrial  schools ;  commercial  schools ; 
or  social  centers. 

Seventh :  It  shall  cause  to  be  prepared  and  printed  in  suffi- 
cient quantities  to  meet  the  reasonable  demand  for  such,  an  an- 
nual report;  covering  the  condition,  progress,  receipts,  and  ex- 
penditures, needs  of  the  schools  and  such  other  matters  as  it  mav 
deem  proper  and  necessary. 


133 

Eighth:  It  may  make  appropriations  of  money  out  of  any 
of  its  funds  to  the  Teachers'  Retirement  Fund  of  the  public 
schools  of  the  parish,  provided  that  the  sums  so  appropriated,  in 
any  one  year,  shall  not  exceed  Ten  Thousand  Dollars  ($10,000). 

Ninth :  It  shall  hold  regular  meetings  at  least  once  a  month  on 
a  day  or  days  to  be  fixed  by  it. 

Tenth :  It  may  maintain  one  or  more  normal  schools  for  pro- 
fessional training  and  improvement  of  candidates  for  teacher- 
ships.  To  graduates  of  these  normal  schools,  also  to  proficient 
students  in  the  city  high  and  industrial  schools,  the  board  may, 
in  its  discretion,  award  diplomas  and  certificates  showing  the 
grade  attained.  Graduates  of  these  normal  schools  may  be 
deemed  preferred  candidates  for  vacant  positions  in  the  parish 
public  schools.  Diplomas  awarded  to  graduates  of  these  normal 
schools  shall  be  deemed  equivalent  to  teacher  certificates  of  the 
highest  grade  for  public  schools;  provided  that  the  rank  of 
said  graduates  of  these  normal  schools  in  the  list  of  candidates 
eligible  for  teacherships  in  the  grades  of  the  elementary  schools 
shall  be  based  on  the  average  of  all  of  the  grades  in  the  various 
subjects  in  their  course  of  study  in  said  normal  schools. 

Eleventh :  It  shall  make  an  enumeration  of  all  educable  chil- 
dren in  the  Parish  of  Orleans  before  July  1,  1919,  and  every 
four  years  thereafter. 

Twelfth:  It  shall  present  to  the  Commission  Council  for  the 
City  of  New  Orleans,  on  or  before  October  1  of  each  year,  full 
information  in  respect  to  the  financial  needs  of  the  schools  and 
the  efficient  maintenance  and  operation  of  the  schools. 

It  shall,  from  time  to  time,  as  the  needs  arise,  petition  said 
council  for  appropriations  for  the  purchase  of  grounds  and  the 
erection  and  repair  of  school  buildings.  Provided,  that  the  said 
Orleans  Parish  School  Board  shall  have  the  right  to  designate 
the  name  and  location  of  schools. 

.Section  66.  Be  it  further  enacted,  etc.,  That  the  Parish  Super- 
intendent of  Orleans  Parish  Schools  shall  aid  the  directors  in  or- 
ganizing the  schools  and  in  improving  the  methods  of  instruction 
therein,  in  maintaining  general  uniformity  and  discipline  in  the 
management  of  all  schools;  in  adopting  courses  of  study  and 
textbooks  for  use  in  the  schools;  in  examining  candidates  for 
teacherships,  and  in  conducting  periodical  examination  of  pupils 
for  promotion  through  the  respective  grades  of  the  schools.  He 
shall  make  a  monthly  report  on  the  condition  and  needs  of  the 
schools  to  his  Parish  School  Board  at  its  regular  meeting.  He 
shall  be  entitled  to  participate  in  the  deliberations  and  debates 
of  said  board,  but  shall  have  no  vote.  Whenever  notified  to  be 
present  he  shall  attend  meetings  of  the  State  Board  of  Educa- 
tion. 


134 

Section  67.  Be  it  further  enacted,  etc.,  That  the  Commissioner 
of  Public  Finance  of  the  City  of  New  Orleans  shall  ex-officio  be 
the  treasurer  of  said  board  and  shall  receive  all  funds  appor- 
tioned by  the  .State  to  such  city,  or  received  or  collected  for  the 
support  of  the  free  public  schools  from  any  and  all  sources.  He 
shall  give  bond,  with  good  and  solvent  security,  in  the  sum  of 
fifty  thousand  dollars  ($50,000.00)  in  favor  of  the  said  board 
and  its  successors  in  office,  to  be  accepted  and  approved  by  said 
board  and  recorded  in  the  mortgage  office  of  the  parish,  and 
which  bond  shall  then  be  filed  and  kept  on  record  in  the  office  of 
the  said  board.  The  filing  of  said  bond,  and  taking  and  filing 
the  usual  oath  of  office  before  any  officer  authorized  to  administer 
same,  shall  qualify  the  Treasurer  to  act. 

Section  68.  Be  it  further  enacted,  etc.,  That  the  said  Treas- 
urer shall  hold  his  office  during  his  term  of  office  as  Commissioner 
of  Public  Finance.  He  shall  keep  his  office  open  at  all  such  times 
as  may  be  prescribed  by  said  Board  for  the  payment  of  pay  rolls 
or  checks  in  favor  of  teachers  and  other  employees  of  the  board. 

Section  69.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  Commission  Council  of  the  City  of  New  Orleans  in 
making  up  its  budget  of  annual  expenses,  to  include  therein  the 
amount  necessary  to  meet  the  expenses  of  the  schools,  as  shown 
by  the  statement  of  the  actual  attendance,  and  the  cost  of  instruc- 
tion,, with  such  additional  allowance  for  probably  increased  at- 
tendance and  contingent  expenses  as  may  seem  just  and  reason- 
able to  the  Commission  Council,  and  keep  in  good  repair  all 
schoolhouses  and  school  ground?  belonging  to  the  City  of  New 
Orleans,  and  in  charge  of  the  said  Parish  School  Board.  Said 
Commission  Council  shall  as  the  needs  arise  provide  for  the  pur- 
chase of  additional  school  grounds  and  for  the  erection  of  school 
buildings. 

Section  70.  Be  it  further  enacted,  etc.,  That  Sections  63  to  69, 
both  inclusive,  of  this  act  shall  apply  only  to  the  Parish  of  Or- 
leans. 

Section  71.  Be  it  further  enacted,  etc.,  That  all  of  Acts  214 
of  1912  and  39  of  1910,  and  all  other  laws  or  parts  of  laws  that 
are  in  conflict  with  the  provisions  of  this  Act  shall  be  and  they 
are  hereby  repealed. 

ACT    No.    131    OF    1916. 

Section  1.  Be  it  enacted  by  the  'General  Assembly  of  the 
State  of  Louisiana,  That,  in  addition  to  the  branches  in  which 
instruction  is  now  given  in  the  public  schools  of  the  State  of 
Louisiana,  instructions  shall  also  be  given  to  the  male  pupils 
thereof  whenever  practicable  in  all  the  grades  higher  than  the 


135 

eighth  grade  in  the  principles  and  practice  of  military  science 
and  tactics,  especial!}7"  with  reference  to  the  duties  of  the  sol- 
dier and  object  of  general  military  interest. 

Section  2.  Be  it  further  enacted,  etc.,  That  in  all  grades  of 
the  public  schools  of  the  State  higher  than  the  eighth,  at  least 
one  hour  a  week  shall  be  devoted  to  instruction,  study  and  prac- 
tice of  military  science  and  tactics. 

Section  3.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed. 

ACT    No.    150   OF    1916. 

Whereas,  by  Act  153  of  1845  the  Legislature  of  Louisiana 
created  and  incorporated  "The  Gretna  Academy"  into  a  body 
politic  solely  for  educational  purposes  for  the  benefit  of  the 
children  and  inhabitants  of  the  First  School  District  of  the  Par- 
ish of  Jefferson ;  and 

Whereas,  by  Act  34  of  1856  the  legislature  re-enacted  Section 
3  of  said  Act  153  of  1845,  by  which  it  was  provided  that  five 
directors  should  be  elected  on  the  first  Monday  of  January  of 
each  and  every  year  by  the  qualified  voters  residing  in  the  said 
School  District  and  providing  that  none  but  a  stockholder  or  a 
qualified  voter  under  the  Constitution  and  laws  of  this  State, 
residing  within  said  School  District  shall  <be  eligible  as  a  director; 
and 

Whereas,  no  Board  of  Directors  has  been  elected  to  administer 
the  affairs  of  said  Gretna  Academy  since  January  15th,  1900, 
and  no  meeting  of  the  said  Board  of  Directors  elected  on  said 
date  has  been  held  since  May  llth,  1900,  and  no  use  has  been 
made  of  the  said  property  for  school  or  other  purposes  since  the 
year  1911  and  said  property  is  in  a  dilapidated  and  uninhabitable 
condition  and  said  corporation  has  practically  become  defunct 
and  has  ceased  to  exercise  the  power  and  authority  conferred 
upon  it  and  to  make  use  of  the  property  belonging  to  it  under  its 
charter;  and 

Whereas,  no  one  could  be  possibly  authorized  or  capacitated 
to  represent  or  act  for  it  after  the  dates  above  set  forth,  and  its 
affairs  have  remained  unliquidated  and  unsettled  and  the  prop- 
erty has  been  going  to  ruin  from  that  time  until  this,  and 

Whereas,  under  the  Act  153  of  1845-,  being  the  Act  incorpo- 
rating the  "Gretna  Academy",  as  amended  by  Act  34  of  1856, 
no  stock-holders  or  creditors  are  authorized  by  said  acts  or  by 
the  general  law  to  liquidate  this  corporation,  and  it  being  a  mat- 
ter of  public  and  general  interest  that  the  wise,  'benevolent  pur- 
poses of  the  original  incorporators  and  the  legislature  to  aid  and 


136 

encourage  the  diffusion  of  public  enlightenment  and  education 
be  conserved  by  furnishing  adequate  remedy  for  the  securing, 
preservation  and  proper  use  of  the  property  and  funds  of  said 
derelict  corporation;  Therefore, 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  that  any  stockholder,  or  any  member  of  the  last 
elected  Board  of  Directors  of  the  Gretna  Academy,  of  the  Par- 
ish of  Jefferson,  be  and  they  are  hereby  granted  the  right  of 
action  to  provoke  a  judicial  liquidation  of  the  affairs,  funds  and 
property  of  the  corporation  known  as  ' '  The  Gretna  Academy ' ',  of 
Jefferson  Parish,  and  empowering  the  said  judicial  liquidator  to 
sue  for  all  property,  real  and  personal,  acquired  by  said  Gretna 
Academy,  its  stockholders  and  directors,  and  belonging  to  same ; 
that  said  judicial  liquidator  be,  and  he  is  hereby,  authorized  to 
take  possession  of  the  said  property  and  funds  of  the  said  Gretna 
Academy  and  administer  same  for  the  benefit  of  the  public  schools 
of  the  second  and  third  wards  of  the  Parish  of  Jefferson;  pro- 
vided, that  the  right  to  make  any  and  all  legal  and  equitable 
defenses  is  reserved  to  all  persons  or  corporations  who  may  have 
any  claim  to  any  of  the  property  or  funds  belonging  to  the  said 
Gretna  Academy. 

'Section  2.  Be  it  further  enacted,  etc.,  That  the  said  judicial 
liquidator,  after  furnishing  bond  in  a  sum  to  be  determined  by 
the  Court,  shall  be  authorized  to  sell  at  public  auction  or  other- 
wise all  of  the  property  belonging  to  or  recovered  for  the  said 
Gretna  Academy,  upon  such  terms  as  he  may  deem  advisable; 
provided,  that  the  authority  to  make  said  sale  must  be  obtained 
from  the  Judge  of  the  District  Court  of  the  Parish  of  Jefferson 
after  ten  days  publication  of  the  notice  of  the  intended  sale  and 
the  terms  thereof  made  in  a  newspaper  in  the  City  of  Gretna ; 
provided  further,  that  any  person  in  interest  shall  have  the  right 
to  oppose  the  granting  of  said  order  providing  for  the  sale  and 
the  terms  of  said  sale,  in  the  same  manner  as  opposition  to  the 
accounts  of  receivers  are  made. 

Section  3.  Be  it  further  enacted,  etc.,  That  after  the  sale  of 
said  property  by  the  said  judicial  liquidator  he  shall  have  the 
power  to  refund  to  all  living  stockholders  the  amount  of  their 
stock  subscription,  provided  claim  is  made  therefor  within  ten 
days  after  notice  of  the  filing  of  his  final  account ;  and  the  bal- 
ance of  said  funds  remaining,  after  deducting  the  expenses  of 
said  proceedings,  shall  be  turned  over  to  the  Board  of  "School 
Directors  of  Jefferson  Parish,  with  the  understanding  that  said 
funds  must  be  reinvested  by  said  School  Board  in  the  construc- 
tion of  a  school  house  or  the  purchase  of  school  equipment  for 
the  benefit  of  the  school  children  of  .the  City  of  Gretna. 


137 

Section  4.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  contrary  to,  or  in  conflict  with  the  provisions  of  this  act 
be  and  are  hereby  repealed. 

ACT    No.   179    OF    1916. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana — That  the  Governor  of  the  State  of  Louisi- 
ana be  and  he  is  hereby  authorized  and.  empowered  to  accept, 
on  the  part  of  the  State,  the  terms  and  provisions  of  what  is 
known  as  the  (Smith-Hughes  Bill)  now  before  the  Congress  of 
the  United  States,  providing  for  Vocational  Education,  by  pro- 
viding Federal  money  to  be  used  in  co-operation  with  the  State 
in  promotion  of  Education  in  Agriculture,  Trades  and  Indus- 
tries and  in  the  preparation  of  teachers  for  vocational  subjects 
when  the  same  shall  have  been  passed  by  Congress. 

Section  2.  Be  it  further  enacted,  etc.,  That  under  the  terms 
and  requirements  of  this  Act  the  State  Board  of  Education  is 
hereby  designated  as  the  board  to  co-operate  with  the  Federal 
Board  for  Vocational  Education  in  the  administration  of  the 
said  Act. 

Section  3.  Be  it  further  enacted,  etc.,  that  this  Act  shall 
take  effect  from  and  after  the  passage  of  the  said  (Smith- 
Hughes  Bill)  by  the  Congress  of  the  United  States. 

ACT    No.   189   OF    1916. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana  that  the  Sheriffs  and  ex-officio  Tax  Collectors 
throughout  the  State,  Parish  of  Orleans  excepted,  shall  between 
the  first  and  tenth  day  of  each  month,  submit  to  the  Superin- 
tendents of  Public  Education  in  their  respective  parishes,  a  state- 
ment showing  the  name  or  names  of  the  person  or  persons  who 
have  paid  poll  taxes  during  the  preceding  month. 
.  Section  2.  Be  it  further  enacted,  etc.,  That  this  statement 
when  so  submitted  shall  become  a  public  document,  subject  to 
inspection  by  the  public. 

Section  3.  Be  it  further  enacted,  etc.,  That  any  Sheriff  and 
ex-officio  Tax  Collector  violating  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction  shall  be  fined, 
not  exceeding  -$250,  upon  conviction  before  any  court  of  com- 
petent jurisdiction,  or  be  imprisoned  in  the  parish  jail  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  both  in  the 
discretion  of  the  court. 

Section  4.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  herewith,  be  and  are  hereby  repealed. 


138 

ACT    No.    236    OF    1916. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana  that  in  case  there  shall  occur  a  vacancy 
in  the  office  of  coroner,  Justice  of  the  Peace,  Constable,  Police 
Juror  or  Member  of  the  Parish  School  Board,  Members  of  Boards 
of  Aldermen  of  municipalities  having  a  population  of  less  than 
five  thousand,  whether  the  same  may  be  created  by  death,  resigna- 
tion or  otherwise  the  Governor  of  the  State  of  Louisiana  is  here- 
by authorized  and  empowered  to  fill  such  vacancy  for  the  re- 
mainder of  the  unexpired  term  by  appointment,  provided  that 
such  appointee  shall  possess  all  the  qualifications  under  existing 
laws  required  to  hold  said  office. 

Section  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  herewith  be  and  the  same  are  hereby  repealed. 

ACT    No.   237    OF    1916. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  the  Louisiana  State  School  for  the  Deaf, 
situated  at  Baton  Rouge,  Louisiana,  and  the  Louisiana  State 
School  for  the  Blind,  situated  at  Baton  Rouge,  Louisiana,  shall 
hereafter  be  under  the  government  and  control  of  the  State 
Board  of  Education  of  the  State  of  Louisiana. 

Section  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  act  be  and  the  same 
are  hereby  repealed. 

RESOLUTION     OF    THE    STATE     BOARD    OF     EDUCATION. 

Be  it  hereby  resolved,  That  all  public  schools  of  the  State- 
below  the  grade  of  the  State  Approved  High  Schools,  meeting 
the  following  requirements,  shall  be  placed  on  the  State  Ap- 
proved List  of  Elementary  Schools,  and  shall  be  entitled  to  such 
privileges  and  advantages  as  are  hereinafter  stated: 

Requirements. 

These  schools  shall  be  classed  as  (1)  Ungraded,  Class  D, 
(2)  Graded,  Class  C,  (3)  Graded,  Class  B,  and  (4)  Graded, 
Class  A. 

The  minimum  teacher  limit  for  state  recognition  for  each  class 
shall  be  as  follows : 

(1)  One  teacher;  (2)  two  teachers;  (3)  three  teachers;  (4) 
four  teachers. 

The  maximum  grade  enrollment  limit  for  state  recognition  for 
each  class  shall  be  as  follows : 


139 

(1)    Five  grades;    (2)   seven  grades;   (3)   nine  grades;    (4) 
ten  grades. 

Satisfactory  evidence  must  also  be  furnished  the  Supervisor 
of  Elementary  Schools  in  the  following  particulars : 

1.  That  title  to  the  school  property  is  vested  in  the  Parish 
School  Board. 

2.  That  the  school  will  maintain  at  least  an  eight  months'  ses- 
sion. 

3.  That  the  school  building  is  adequate  in  size,  comfortable 
and  sanitary. 

4.  That  the  equipment  in  the  way  of  furniture,  libraries, 
laboratory,  blackboard,  tools,  etc.,  is  sufficient  to  enable  teachers 
to  do  good  work. 

5.  That  the  teachers  employed  are  fully  competent. 

6.  That  the  course  of  study  will  be  or  is  being  carried  out  in 
a  satisfactory  manner. 

APPROPRIATIONS     FOR     PUBLIC     SCHOOL     PURPOSES. 
(Out  of  Current  School    Fund.) 

For  the  support  of  the  free  public  schools,  or  so  much 
thereof,  or  any  excess  thereof,  as  may  be  collected 
from  State  tax  levied  for  that  purpose,  from  inherit- 
ance taxes,  or  donated  to  the  school  fund,  for  the  year 
ending  June  30th,  1917,  One  Million  Dollars $1,000,000.00 

For  the  year  ending  June  30th,  1918,  One  Million  Dol- 
lars .  ." $1,000,000.00 

For  salary  of  State  Superintendent  of  Public  Education, 
for  year  ending  June  30th,  1917,  Five  Thousand  Dol- 
lars   $5,000.00 

For  year  ending  June  30th,  1918,  Five  Thousand  Dol- 
lars  $5,000.00 

Office  expenses,  State  Supt.  of  Public  Education,  for 
year  ending  June  30th,  1917,  Three  Thousand  Dol- 
lars   $3,000.00 

For  the  year  ending  June  30th,  1918,  Three  Thousand 

Dollars $3,000.00 

For  traveling  expenses  for  State  Supt.  and  four  inspect- 
ors, for  year  ending  June  30th,  1917,  Three  Thousand 
Dollars $3,000.00 

For  the  year  ending  June  30th,  1918,  Three  Thousand 

Dollars .  .$3,000.00 


140 

For  salary  of  Chief  Clerk  in  Department  of  Education, 
for  year  ending  June  30th,  1917,  Eighteen  Hundred 
Dollars $1,800.00 

For  the  year  ending  June  30th,  1918,  Eighteen  Hun- 
dred Dollars $1,800,00 

For  salary  of  Asssitant  Clerk  in  office  of  Department  of 
Education  for  the  year  ending  June  30th,  1917,  Fif- 
teen Hundred  Dollars $1,500.00 

For  the  year  ending  June  30th,  1918,  Fifteen  Hundred 
Dollars $1,500.00 

For  per  diem  and  traveling  expenses  of  members  of 
State  Board  of  Education,  for  year  ending  June  30th, 
1917,  Eight  Hundred  Dollars .$  800.00 

For  the  year  ending  June  30th,  1918,  Eight  Hundred 

Dollars $  800,00 

For  salary  of  High  School  Inspector  for  year  ending 

June  30th,  1917,  Three  Thousand  Dollars $3,000.00 

For  the  year  ending  June  30th,  1918,  Three  Thousand 

Dollars $3,000.00 

Salary  of  Rural  School  Inspector  for  year  ending  June 

30th,  1917,  Three  Thousand  Dollars : $3,000.00 

For  year  ending  June  30th,  1918,  Three  Thousand  Dol- 
lars   $3,000.00 

For  salary  of  one  assistant  rural  school  inspector  for 

year  ending  June  30th,  1917,  Two  Thousand  Dollars.$2,000.00 

For  year  ending  June  30th,  1918,  Two  Thousand  Dol- 
lars   $2,000.00 

For  support  of  summer  schools  for  year  ending  June 

30th,  1917,  Thirty-five  Hundred  Dollars $3,500.00 

For  the  year  ending  June  30th,  1918,  Thirty-five  Hun- 
dred Dollars  .  . ." $3,500.00 

(Out  of  the  General    Fund.) 

Support  of  High  Schools  for  the  year  ending  June  30th, 

1917,  Fifty  Thousand  Dollars $50,000.00 

For  the  year  ending  June  30th,  1918,  Fifty  Thousand 

Dollars $50,000.00 

Provided,  that  the  above  two  appropriations  for 
high  schools  shall  not  be  a  charge  on  the  State  Treas- 
ury, until  all  other  appropriations,  made  out  of  the 
General  Fund  for  the  years  ending  June  30,  .1917, 
and  June  30,  1918,  are  provided  for. 

For  Domestic  Science  and  Agriculture  for  the  year  end- 
ing June  30th,  1917,  Seventy-five  Thousand  Dollars. $75,000.00 

For  the.  year  ending  June  30th,  1918,  Seventy-five  Thou- 
sand Dollars $75,000.00 


141 

To  aid  in  building  and  equipping  of  country  schools  for 
the  year  ending  June  30th,  1917,  Twenty-five  Thou- 
sand Dollars $25,000.00 

For  the  year  ending  June  30th,  1918,  Twenty-five  Thou- 
sand Dollars $25,000.00 

For  support  of  vocational  schools  Parish  of  Orleans  for 
year  ending  June  30th,  1917,  Twenty  Thousand  Dol-  f 
lars $20,000.00 

For  the  year  ending  June  30th,  1918,  Twenty  Thousand 

Dollars    $20,000.00 

For  additional  support  of  Vocational  Schools,  Parish  of 
Orleans,  for  the  year  ending  June  30th,  1917,  out  of 

1  the  revenues  of  1917,  Fifteen  Thousand  Dollars.  . .  .$15,000.00 

For  the  year  ending  June  30th,  1918,  out  of  the  revenues 

of  1918,  Fifteen  Thousand  Dollars  $15,000.00 

Provided,  the  above  two  appropriations  for  addi- 
tional support  of  Vocational  Schools,  Parish  of  Or- 
leans, shall  not  be  a  charge  on  the  State  Treasury  un- 
til all  other  appropriations  made  out  of  the  General 
Fund  for  the  years  ending  June  30,  1917,  and  June 
30,  1918,  are  provided  for. 

(Out  of  the  Interest  Tax  Fund.) 

For  payment  of  the  interest  on  free  school  fund^Article 
324  of  the  Constitution  of  1913,  for  the  year  1916,  out 
of  the  revenues  of  1916,  Forty-five  thousand  Two 
Hundred  Thirty-four  and  70/100  Dollars  $45,234.70 

For  the  year  1917,  out  of  the  revenues  of  1917,  Forty- 
five  Thousand  Two  Hundred  and  Thirty-four  and 
70/100  dollars $45,234.70 

For  the  payment  of  interest  on  the  seminary  fund,  Ar- 
ticle 324  of  the  Constitution  of  1913,  for  the  year  end- 
ing June  30th,  1917,  Fifty-four  Hundred  and  Forty 
Dollars  $5,440.00 

For  the  year  ending  June  30th,  1918,  Fifty-four  Hun- 

dredvand  Forty  Dollars .$5,440.00 

For  payment  of  the  interest  on  the  fund  due  Agricul- 
tural and  Mechanical  College,  Article  324  of  the  Con- 
stitution of  1913,  for  the  year  ending  June  30th, 
1917,  Ninety-one  Hundred  Fifteen  Dollars  and 
,  69/100  Dollars $9,115.69 

For  year  ending  June  30th,  1918,  Ninety-one  Hundred 

Fifteen  and  69/100  Dollars $9,115.69 

(Louisiana    Institute    for    the    Blind.) 

For  support  of  Louisiana  Institute  for  the  Blind,  for  the 
year  ending  June  30th,  1917,  Sixteen  Thousand  Dol- 
lars. .  ..$16,000.00 


142 

For  year  ending  June  30th,  1918 $16,000.00 

For  heating  plant  out  of  revenues  of  the  year  1917, 

Seven  Hundred  and  Fifty  Dollars ." $  750.00 

For  repairs  and  improvements  for  the  year  ending  June 

30th,  1917,  One  Thousand  Dollars $1,000.00 

For  repairs  and  improvements  for  the  year  ending  June 

30th,  1918,  Seven  Hundred  and  Fifty  Dollars.  .' $  750.00 

For  insurance  premium  for  the  year  ending  June  30th, 

1917,  Five  Hundred  Dollars. ! $  500.00 

For  physician,  sanitarium  fees  and  dentist,  year  ending 

June  30th,  1917,  Five  Hundred  Dollars $  500.00 

For  year  ending  June  30th,  1918,  Five  Hundred  Dollars.$  500.00 
For  library  for  the  year  ending  June  30th,  1917,  Five 

Hundred  Dollars  $  500.00 

For  the  year  ending  June  30th,  "1918,  Five  Hundred 

Dollars $    500.00 

(Louisiana   School   for  the    Deaf.) 

For  support  of  Louisiana  School  for  the  Deaf,  for  the 
year  ending  June  30th,  1917,  Thirty-One  Thousand 
Dollars $31,000.00 

For  the  year  ending  June  30th,  1918,  Thirty-One  Thou- 
sand Dollars $31,000.00 

For  general  repairs  Louisiana  School  for  the  Deaf,  fwr 
the  year  ending  June  30th,  1917,  One  Thousand 
Dollars ,$1,000.00 

For  the  year  ending  June  30th,  1918,  One  Thousand 

Dollars $1.000.00 

For  insurance  premium  out  of  the  revenues  of  1917, 

Two  Hundred  and  Fifty  Dollars $    250.00 

For  industrial  equipment,  for  the  year  ending  June  • 

30th,  1917,  Seven  Hundred  and  Fifty  Dollars $    750.00 

For  year  ending  June  30th,  1918,  Seven  Hundred  and 

Fifty  Dollars $    750.00 

For  books,  Louisiana  School  for  the  Deaf,  for  the  year 

ending  June  30th,  1917,  Two  Hundred  Dollar* $    200.00 

Far  the  year  ending  June  30th,  1918,  Two  Hundred  Dol- 
lars .;. $  200.00 

For  dentistry  for  the  year  ending  June  30th,  1917,  Two 

Hundred  and  Fifty  Dollars $  250.00 

For  the  year  ending  June  30th.,  1918,  Two  Hundred  and 

Fifty  Dollars $  250.00 

For  clothing  for  indigent  pupils,  Louisiana  School  for 
the  Deaf,  for  the  year 'ending  June  30th,  1917,  Two 
Hundred  Dollars $  200.00 

For  the  year  ending  June  30th,  1918,  Two  Hundred 

Dollars  . $  200.00 


143 


(Louisiana   State   University   and    A.   &    M.    College.) 

For  the  support  of  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College,  for  the  mainte- 
nance and  equipment  of  its  Libraries,  Laboratories, 
and  Shops;  for  Insurance  on  buildings  and  contents; 
and  for  repairs,  improvements  and  additions,  for  the 
year  ending  June  30th,  1917.  One  Hundred  Thousand 
Dollars .': $100,000.00 

For  the  year  ending  June  30th,  1918,  One  Hundred 

Thousand  Dollars $100,000  00 

For  agricultural  teaching,  equipment  and  domestic  sci- 
ence for  the  year  ending  June  30th,  1917,  Fifteen 
Thousand  Dollars $15,000.00 

For  the  year  ending  June  30th,  1918,  Fifteen  Thousand 

Dollars $15,000.00 

For  agricultural  extension  work,  etc.,  out  of  the  revenues 
of  1917,  to  meet  the  requirements  of  the  Smith-Lever 
Bill  of  Congress,  Twenty  Thousand  Dollars $20,000.00 

Out  of  the  revenues  of  the  year  1918,  Twenty-five  Thou- 
sand Dollars ." $25,000.00 

(State   Normal   School,  at   Natchitoches.) 

For  support,  maintenance,  additions  to  buildings,  equip- 
ment, repairs,  insurance,  etc.,  State  Normal  School  for 
the  year  ending  June  30th,  1917,  Seventy-five  Thou- 
sand Dollars $75,000.00 

For  the  year  ending  June  30th,  1918,  Seventy-five  Thou- 
sand Dollars $75,000.00 

(Louisiana    Industrial    Institute,   at    Ruston.) 

For  support,  maintenance,  erection  of  new  buildings, 
equipment,  repairs,  insurance,  etc.,  Louisiana  Indus- 
trial Institute  at  Ruston,  for  the  year  ending  June 
30th,  1917,  Sixty-five  Thousand  Dollars $65,000.00 

For  the  year  ending  June  30th,  1918,  Sixty-five  Thou- 
sand Dollars  $65,000.00 

For  laundry,  equipment  and  machinery  out  of  the  reve- 
nues for  1917,  Fifteen  Hundred  Dollars $1,500.00 

For  water  system  and  fire  protection,  out  of  the  reve- 
nues for  1917,  Thirty-five  Hundred  Dollars . .  .$3,500.00 

(Southwestern    Louisiana    Industrial    Institute,  at   Lafayette.) 

For  support,  maintenance,  equipment,  improvement,  re- 
pairs, insurance,  summer  school,  etc.,  Southwestern 
Louisiana  Industrial  Institute,  for  the  year  ending 
June  30th,  1917,  Forty-five  Thousand  Dollars $45.000.00 

For  the  year  ending  June  30th,  1918,  Forty-five  Thou- 
sand Dollars .  .$45.000.00 


144 

For  extraordinary  repairs,  out  of  the  revenues  of  1917, 

Twelve  Hundred  Dollars $1,200.00 

For  fire  hose,  out  of  the  revenues  of  1917,  Five  Hundred 

Dollars  $  500.00 

For  domestic  science  equipment,  out  of  the  revenues  of 

1917,  Three  Hundred  Dollars $  300.00 

For  gas  engine  and  motor  for  silage  cutter,  out  of  the 

revenues  of  1917,  Three  Hundred  Dollars $    300.00 

(Louisiana  Training   Institute,  at   Monroe.) 

For  the  support  and  maintenance  of  the  Louisiana 
Training  Institute,  for  the  year  ending  June  30th, 
1917,  Fifteen  Thousand  Dollars $15,000.00 

For  the  year  ending  June  30th,  1918,  Fifteen  Thou- 
sand Dollars $15,000.00 

For  a  dairy  barn,  stock  barn,  and  creamery,  out  of  the 

revenues  of  1917,  Five  Thousand  Dollars $5,000.00 

For  payment  of  indebtedness  of  Thirteen  Thousand 
Five  Hundred  Eighty-one  Dollars  and  Ninety-two 
Cents,  due  on  buildings  erected,  out  of  the  revenues 
of  1917 $13,581.92 

(Southern    University.) 

For  support  and  maintenance  for  the  year  ending  June 

30,  1917,  Twelve  Thousand  Five  Hundred  Dollars.  .$12,500.00 

For  year  ending  June  30th,  1918,  Twelve  Thousand  Five 

Hundred  Dollars $12,500.00 

For  building  bridge,  out  of  revenues  of  1917,  Five  Hun- 
dred Dollars  $  500.00 

For  building  and  equipping  hospital,  ou±  of  revenues  of 

1917,  Twenty-five  Hundred  Dollars.  .' $2,500.00 

For  dairy  building,  out  of  revenues  of  1917,  Three 

Thousand  Dollars  .  .  .$3.000.00 


INDEX 


CONSTITUTIONAL    PROVISIONS. 

Page 

Apportionment  of  funds,  free  school 4 

A.  and  M.  College,  debt  due 8 

Board  of  Education,  State ' 5 

Boards,  parish 5 

Books  school,  indigent  pupils 8 

Bonds  school,  special  taxes 10-11 

Charitable  institutions  or  educational 9 

Debt   due,    Seminary   Fund 8 

Debt  due,  A.  and  M.  College 8 

Education,  State  Board  of 5 

Educational  or  charitaible  institutions ' 9 

Educational  institutions,  exempt  from  taxation 3 

Eligibility    to    office 9 

Establishment,  educational  or  charitable  institutions 9 

Exempt  from  taxation,  educational  institutions 3 

Free  schools,  apportionment  of  funds 4 

French    5 

Funds,  apportionment  of  free  schools 4 

Funds,  private  and  sectarian 5 

Funds,  school    5 

Funds,  Seminary,  debt  due 8 

Indigent  pupils,  school  books 8 

Inheritance  tax   ^ 10 

Institutions,  charitable  or  educational 9 

Interest,  due  to  townships 7 

Legislative  power,  limitation  of 3 

Limitation  of  legislative  power 3 

Limitation  of  state  tax 9 

Louisiana  State  University 6 

Louisiana  State  Normal  School 7 

Normal  School,  Louisiana  State 7 

Office,  eligibility  to 9 

Poll  tax 3 

Powers,  limitation  of  legislative 3 

Private  and  Sectarian  schools 5 

Pupils  indigent,  .school  books 8 

School  bonds,  special  taxes : 10-11 

School  books,   indigent  pupils 8 

Schools  free,  apportionment  of  funds 4 

School  funds   5 

School  tax,  vote  of  taxpayers 5 

Seminary  fund,  debt  due , . . .  8 

Special  taxes,  school  bonds 10-11 

State  Board  of  Education 5 

State  Normal  School,  Louisiana 7 

State  Superintendent  of  Education 9 

State  tax,  limitation  of 9 

State    University,    Louisiana 6 

Tax  inheritance 10 

Tax  poll 3 

Tax  school,  vote  of  'taxpayers 3-5 


Page 

Taxes  special,  school  bonds 10-11 

Townships,   interest  due 7 

University,  Louisiana  State 6 

LEGISLATIVE    PROVISIONS. 
A 

Accepting  and  regulating  donations  (Act  158,  '04) 21 

Accounts..  State  Treasurer  (S.  1326,  R.  S.) 60 

Adoption  of  text-books  (Sec.  3,  Act  120) 112 

Agriculture  and  home  economics  (A.  306) 75 

Agricultural  schools,  appropriations 140 

Annulling  sale  (S.  2965,  R.  S.) 80 

Annual  reports  (S.  29,  Act  120,  '16) 122 

Appropriations  for  educational  purposes  1917-18 .139-145 

Assessing  poll  tax  (S.  1,  Act  89,  '88) 75 

Assessors'  fees,  school  taxes   (S.   1,  213,  '08) 22 

Attorney  General,  duty  (S.  26,  A.  120,  '16) 121 

B 

Bird  Day,  established   ('S.  14,  198,  '06) 27 

Bonds  forfeited  (.S.  1044,  R.  S.) 42 

Bonds,  regulations  for  same,  etc.  (S.  20,  A.  256,  '10) 69-72 

Budget  of  revenues  (S.  56,  A.  120,  '16) 127 

Buildings,  lighting  (S.  C.,  S.  250) 105 

Buildings,  disinfecting  (S.  C.,  Sec.  250) 106 

C 

Clerk  of  Court,  report  on  poll  taxes  (Sec.  3,  Act  87,  '86) 76 

Collecting  notes   (SS.  1-4,  Act  57,  '84) 81-82 

Collection  of  poll  tax  (SS.  2-4,  Act  89,  '88) 75 

Columbus  Day  (Act  56,  '10) 32 

Commission  for  institutions,  Deaf,  Dumb,  Blind,  Negro  Race  (Act 

172,   '16)    Ill 

Communicable  diseases  (S.  C.,  Sec.  250) 106 

Compensation  of  attorneys  (Act  158,  '10) 82-86 

Compulsory  attendance,  Orleans  (Act  232,  '12) 59 

Compulsory  attendance,  State   (Act  27,  '16) 109-110 

Control  of  State  schools,  Deaf  and  Dumb,  Blind  (Act  237,  '16) 138 

D 

Deducting  fees  of  witnesses  and  jurors  for  poll  tax  (Act  87,  '86) .    76 
Demonstration  farms,  established  toy  police  juries  (Act  69,  '12)...   46 

Deposit  of  school  funds  (Act  205,  '12) 51 

Disinfecting  school  buildings   (S.  C.,  250) 106 

Diplomas  approved  (S.  48,  Act  120,  '16) 50 

Diseases,  communicable  (S.  C.,  250) '. 106 

District  Attorney,  counsel  for  parish  board  (S.  8,  A.  120,  '16) 115 

District  boards,  powers  of  (S.  1492,  R.  S.) , 23 

Dismissal  of  teachers  (S.  36,  A.  120) 12 

Domestic  science  schools,  State  appropriations ^ 140 

Donations,  accepting  and  regulating  (A.  158,  '04) 21 

Doors  and  schoolhouses,  opening  forward  (Act  91,  '08) 30-31 

Draining  school  premises  (S.  C.,  250) 106 

Drinking  cups  (S.  C.,  250) 106 


Page 

Drinking  water  (S.  C.,  250) 106 

Duties,  State  Superintendent  of  Education' (S.  21,  Act  120,  '16)...  119 
Duties,  Superintendent,  Orleans   (S.  66,  A.  120,  '16).. 133 

E 

Election,  special  school  tax  (A.  256,  '10) 60-68 

Election,  sale  school  lands  (S.  2598,  R.  S.) 77 

Eligibility  of  women  for  office  (A.  91,  '16) Ill 

Enforcement,  course  of  study  and  regulations  (S.  52,  A.  120,  '16).  .126 

Enrollment,  schools  (S.  11,  A.  120,  '16) 117 

Enumeration  of  school  children  (S.  57,  A.  120,  '16) 128 

Eradication  of  illiteracy  (S.  60,  A.  120,  '16) 128 

Examining  committee  (S.  37,  A.  120,  '16) , 123 

Examination  of  teachers  (SS.  38-50,  A.  120,  '16) 123 

Exemption  from  examination  ('S.  39,  A.  120,  '16) 123 

Exemptions  in  Act  120,  Parish  of  Orleans   (Sec.  63,  A.  120,  '16)..  129 

Experimental  farms   (A.  145,  '12) 149 

Expropriations,  powers  of  district  board  (A.  227,  '02) 23 

Expropriations  for  public  schools   (A.  227,  '02) 23 

Eyes  of  pupils,  testing  (A.  292,  '08) 31 

F 

Farmers,  cooperative  demonstration   work   (A.   69,  '12) 46 

Farms,  experimental  (A.  145,  '12) 49 

Fees,  Assessors  (A.  213,  '08) 22 

Fees,  Tax  Collectors  (S.  1,  A.  181,  '05) .  .  .• 45 

Filling  vacancies  on  'boards  (A.  236,  '16) 138 

Fiscal  agency,  funds,  deposit   (A.  215,  '12) 51-59 

Fixing  capital,  due  townships  (A.  96,  '86) 82 

Blag,  official  (A.  39,  '12) 46 

Forfeited  bonds    (S.   1044,   R.   S.) 42 

Free  passage,  public  ferries  (S.  10,  A.  120,  '16) 116 

Free  school  funds  (S.  2957,  R.  S.) 90 

Funds,  deposit,  fiscal  agency   (A.  215,  '12) 51-59 

Funds  of  towns  on  recision  of  charters  (A.  173,  '04) 90 

G 

Garbage  cans   (S.  C.,  Sec.  250) 107 

Graduates  exempted  from  examinations  (Sec.  39,  Act  120,  '16) 122 

f      H 

Health  certificates,  teachers  (S.  C.,  250) 105 

High  schools,  creation  (S.  9,  A.  120,  '16) 116 

High  schools,  state  appropriations 140 

Home  economics  and  aguiculture  (A.  106,  '10) .  . .  . .    75 

I 

Indemnity  lands,  sale  of  (A.  207,  '02) 87 

Indemnity  lands  (A.  123,  '12) 48 

Inheritance  tax  (A.  43,  '12;  A.  45,  '04) 13-21 

Institute  for  Blind   (A.  237,  '16) 99-100-138 

Institute  for  Deaf  and  Dumb  (A.  237,  '16) 100-138 

Institute,  teachers   (S.  34-36,  A.  120,  '16) 123 

Inspectors,  supervisors,  stenographers,  etc.  (S.  28,  A.  120,  '16).... 121 

Interest  on  U.  S.  deposit  funds  (S.  1328,  R.  S.) 60 

Intoxicating  liquors    (A.   55,  '14) 109 


J  Page 

Jurors,  fees  deducted  (A.  87,  '86) 116 

K 

Killing  of  game  on  school  lands  (A.  44,  '14) 108 

L 

Lake  'beds,  sold  for  schools  (SS.  1-7,  A.  124,  '02) 83 

Lake  Charles,  divorced  from  parish  (A.  90,  '06) 24-27 

Land,  accruing  to  townships  (S.  2963,  R.  S.) 80 

Lease  of  land  (A.  124,  '02 ;  A.  129,  '08) 83-84 

Lectures  on  sanitation   (S.  C.,  250) m 107 

Libraries,  school,  established  (S'S.  1-6,  A.  202,  '06) 28-30 

Light  in  school  (buildings  (S.  C.,  250) 105 

Local  school  directors  (S.  18,  A.  120,  '16) .  .  118 

Louisiana  Institute  for  Blind  (A.  123,  '16) .99-100-138 

Louisiana  Institute  for  Deaf  and  Dumb  (A.  237,  '16) 100-138 

Louisiana  Industrial  Institute 97-98 

Louisiana  Southwestern  Industrial  Institute 98-99 

Louisiana  State  Normal  School 95-97 

Louisiana  State  university 92-95 

M 

Military  instruction  (A.  131,  '16) 134 

Minimum  number  of  pupils  (S.  11,  A.  120,  '16) 117 

N 

Number  of  pupils  to  constituted  school  (S.  11,  A.  120,  '16) 117 

O 

Office,  parish  superintendent,  at  parish  seat   OS.  27,  A.  120,  '16; 

S.  32,  A.  120,  '16) 121-122 

Office,  State  Superintendent  (S.  19,  A.  120,  '16) 118 

Opinion  of  Attorney  General,  qualification  of  voters,  special  tax.    73-74 
Orleans  schools  (SS.  64,  70,  A.  120/16) 12<9-134 

1.  Annual  report  of  schools  (,S.  64) 132 

2.  Budget  of  receipts  and  expenditures  (S.  69) 133 

3.  Commission  Council,  duty  ('S.  69) 134 

4.  Compulsory  school  attendance  <A.  232,  '12) 59 

5.  Duties  of  'board  (S.  65) 130-133 

6.  Duties  of  Superintendent   (S.  66) 133 

7.  Election  of  teachers  (S.  65) 132 

8.  Enumeration  of  educables  (S.  65) 133 

9.  Examination  of  teachers  (S.  69) 133 

10.  Filling  vacancies   (S.  65) 130 

11.  Officers  of  board   OS.  65) 130 

12.  Organization  of  'board  (S.  64) . 129 

13.  Secretary,  duties  (S.  65) '. 132 

14.  Teachers'  Retirement  Fund  (A.  16,  '10) 32-42 

15.  Text-books,  adoption  of  (S.  65) 130 

16.  Treasurer,  duties  (SS.  67-68) 134 

P 

Parish  experimental  farms  (A.  145,  '12) 149 

Parish  institutes,  teachers  (SS.  34-36,  A.  120,  '16) 123 

Parish  school  boards,  how  elected  OS.  5,  A.  120,  '16) 113 

Parish  school  'boards,  title  (S.  6,  A.  120,  '16) 114 

Parish  school  boards,  organization  (S.  7,  A.  120,  '16) 114 


Page 

Parish  school  fooards,  duties 116-117 

Parish  school  taxes,  authorized  (S.  1,  A.  256,  '10) '  60 

Parish  superintendent,  duties  (SS.  22-34,  A.  120,  '16) 121-122 

Parish  superintendent,  election  (S.  27,  A.  120,  '16) 121 

Parish  superintendent,  records  (S.  30,  A.  120,  '16) 122 

Parish  superintendent,  reports  (S.  29,  A.  120,  '16) 121 

Parish  superintendent,  removal  (S.  7,  A.  120,  '16) 114 

Parish  superintendent,  qualifications  (S.  27,  A.  120,  '16) 121 

Parish  superintendent,  right  to  administer  oath  (S.  31,  A.  120,  '16). 122 
Parish  superintendent,  minimum  and  maximum  salary  (S.  27,  A. 

120,  '16)    121 

Penalty  for  neglect  of  duty  (S.  7,  Act  25,  '10 44 

Plans  of  school  'buildings   (S.  C.  250) 104 

Police  juries,  demonstration  farms  (A.  145,  '12) 49 

Poll   taxes    (S.   1,  A.   56,  '94) 76 

Poll  tax,  assessing  CSS.  1,  2,  3,  A.  89,  '88) 75 

Poll  tax,  collection  (SS.  2,  3,  4,  A.  87,  '88) 75 

Poll  tax,  receipt  (S.  1,  87,  '86) « 76 

Prescription  of  debts   (S.  8,  A.  103,  '80) -    90 

[President  of  school  'board  (S.  7,  A.  120,  '16) 114 

President  of  school  board,  duties  (S.  17,  A.  120,  '16) 118 

Price  of  seminary  lands  (S.  2954  R.  S.) 90 

Prohibition  of  contracts  with  religious  institutions  (S.  12,  A.  120, 

'16)     117 

Prosecution,  sale  of  intoxicating  liquors  (A.  55,  '14) 109 

Pupils,  minimum   (,S.  11,  A.  120,  '16) 117    J 

Q 

Qualification  of  voters,  special  tax  (A.  256,  '10) 62 

Quarterly  statement,  supervisor  of  public  accounts   (SS.  5-10,  A. 

25,    10)     43 

R 

Records  kept  toy  superintendent  and  teachers  (S.  51,  A.  120,  '16) .  .126 

Recovery  of  sixteenth  sections   (S.  1,  A.  158,  '10) 86 

Rental  of  sixteenth  sections   OS.  59,  A.  120,  '16) 128 

Regulations  for  the  government  of  schools  (S.  3,  A.  120,  '16) 112 

Religious  schools,  no  state  funds   (S.   12,  A.  120,  '16) 117 

Reservation  of  school  lands   (A.  315,  '55) 88 

Report  of  clerk  of  court,  poll  taxes  (S.  3,  A.  87,  '86) 76 

Report  of  parish  superintendents  and  teachers  (S.  4.  A.  120,  '16) .  .113 

Report  of  state  superintendent  (SS.  22,  23,  24,  A.  120,  '16) 120 

Report  of  poll  taxes  by  sheriff  (A.  189,  '16) 137 

Resolutions  of  state  board    of    education,    approved    list    of    ele- 
mentary   schools    138 

Report  upon  state  institutions  by  state  superintendent  (S.  23,  A. 

120,  '16)    120 

Retirement  fund  of  teachers   (A.  116,  '10) 32-   42 

Revenues,  'budget  OS.  56,  A.  120,  '16) 127 

S 

Salary,  state  superintendent  (S.  20,  A.  120,  '16) 119 

Salaries  of  parish  superintendents  (S.  27,  A.  120,  '16) 121 

Sale  of  'Gretna  Academy   (A.  150,  '16) 135 

Sale  of  sections  divided  by  parish  lines   (A.  147,  '57) 80 

Sale  of  timber 84 

Sale  of  uninhabitable  lands  (S.  1,  A.  108,  '94) 79 


Page 

Sanitary  regulations  of  state  board  of  health 104-107 

School-  'boards,  overlapping   (S.  5,  A.  120,  '16) 113 

School  boards,  attorney  general   (S.  26,  A.  120,  '16) 121 

iSchool  'bonds,  regulations  of  same  (S.  20,  A.  256,  '10) 72 

School  children,  enumeration   (S.  57,  A.   120,   '16)... 128 

School  districts    (S.   13,  A.   120,  '16) 117 

School  districts  in  two  parishes  (SS.  14-15,  1,  120,  '16)    117 

School  districts  in  two  parishes  (S/17,  A.  120,  '16) 118 

School  funds,  free  (S.  2957  R.  S.) 90 

School  funds,  how  applied  (S.  1327  R.  S.) 60 

School  funds,  how  disbursed  (S.  55,  A.  120,  '16) 127 

School  houses^  establishing  (S.  9,  A.  120,  '16) 116 

School  indemnity  lands   (A.  207,  '02) 87 

School  lands,  protection  of  game  (A.  44,  '14) 108 

School  libraries    (A.   202   '06) 28-   30 

School  budget   (S.  56,  A.  120,  '16) 128 

School  session,  daily  (S.  46.'  A.  120,  '16) 118 

School  sites,  expropriation  (A.  227,  '02) 23 

School  taxes,  assessors  fees  (S.  1,  A.  253,  '08) 22 

School  treasurer,  duties   OSS.  53,  54,  55,  A.  120,  '16) 126-127 

Sixteenth  sections: 

1.  Annulling  sale  for  non-payment  (S.  2965,  R.  S.) 80 

2.  Auditor's  duty,  collecting  notes  (SS.  1-4,  A.  57,  '84) . .' 81 

3.  Auditor's  duty,  fixing  capital  due  townships  (A.  96,  '86) 82 

4.  Compensation  of  attorneys  (S.  4,  A.  57,  '84) 82 

G.    Lease  of  lands 84 

6.  Lease  of  oil  and  mineral  rights "... 84 

7.  Recovery  of  sixteenth   sections 87 

8.  Right  of  way  over  lands 78 

9.  Sale  of  uninhabitable  lands 79 

10.  Sale  of  sixteenth  sections  (SS'.  2958,  2959,  2960,  R.  S.) 77-78 

11.  Sale  of  swamp  lands  (A.  151,  '12) 50 

12.  Scrip  issue  (S.  2952,  R.  S.) 82 

13.  Survey  of  land  (S.  259,  R.  S.) ...    77 

14.  Statement  of  Attorney  General  and  Registrar  showing  loca- 
tion   (A.  11,  '12) 45 

15.  Vote  against  sale  of  (S.  1,  A.  54,  '10) 83 

Special  sources  of  revenue 91 

Special  school  tax  elections  (A.  256,  '10) 60-68 

Spitting  on  school  house  floor  (S.  1,  A.  91,  '08) 31 

State  Board  of  Education,  organization   (S.  1,  2,  A.  120,  '16) 111-112 

State  Board  of  Education,  duties  (SS.  3-4,  A.  120,  '16) 112-113 

State  Superintendent,  salary  and  duties  (SS.  20,  21,  22,  23,  24,  25, 

A.  120,  '16) 119-121 

State  Treasurer,  accounts  (S.  1326,  R.  S.) 60 

Seminary  funds  (S.  2954,  R.  S.) 90 

Southern  University,   change  of  location    (A.   118,   '12) 46-47 

State  University,  accounts   (S.  1326,  R.  S.) 60 

Supervisor  of  Public  Accounts,  quarterly  statement  (SS.  5-10,  A. 

25,  '10) 43-44 

Supreme  Court  decisions 101-104 

1.  All  school  funds  handled  by  parish  school  board 102 

2.  Discipline,  authority  of  teacher 101 

3.  District  Attorneys,  no  fee  on  fines 102 

4.  Property  exempt  from  taxation  pays  no  sc"hool  taxes 102 

5.  Members  of  partnership  vote  on  special  elections 103 


Page 

6.  Persons   who  have   sold   their   property  can  not   vote   it   in 

special  tax  elections 103 

7.  Right    of   widows    to    vote    community    property    in   special 

elections 103 

8.  School  houses  can  not  be  used  as  theatres 103-104 

Sweeping  floors  of  school  'buildings  (S.  C.,  250) 104 

T 

Tax  Collectors,  fees  (SS.  1,  2,  A.  181,  '08) 45 

Teachers'  certificates  (SS.  38-50,  A.  120,  '16) 123-125 

Teachers'  examinations  (SS.  88-50,  A.  120,  '16) 123-125 

Teachers'  authority  ('S.  52,  A.  120,  '16) 126 

Teachers,  health  certificates  (S.  C.,  25) 105 

Teachers,  dismissal  of  (S.  36,  A.  120,  '16) 123 

Teachers,  institutes  (SS.  34-35,  A.  120,  '16) 123 

Teachers,  Retirement  Fund  (A.  116,  '10) 32-42 

Testing  eyes  of  pupils  (A.  292,  '08) 31 

Transportation  of  children  (S.  58,  A.  120,  '16) 12<8 

Treasurer  (SS.  67-68,  A.  120,  '16) 134 

Treasurer's  commission  (A.  33,  '59) 80 

Trespassing  on  sixteenth  sections  (S.  1,  A.  14,  '82) 85 

Text-'books,  adoption  of  (1S.  3,  A.  120,  '16) 112 

U 

Uniformity  of  text-:books  (S.  3,  A.  120,  '16) 112 

V 

Vacancies  in  parish  school  'boards  (S.  5,  A.  120,  '16) .' . . .  .113 

Vaccination  of  pupils  (S.  C.,  250) 106 

Ventilation  of  school  buildings   (S.  C.,  250) 105 

Vocational  education  (Smith-Hughes  Bill)    (A.  179,  '16) 137 


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